Flores-Figueroa v. United States
The federal identity theft law (18 U.S.C. §1028) requires the defendant to actually know that the ID he is using belongs to another person. An illegal immigrant who used false identification was not
criminally liable because the government was unable to show that, based
on a plain interpretation of the statute, he "knowingly transferred,
possessed, or used, without lawful authority, a means of identification
of another person."
