United States Court of Appeals for the Seventh Circuit · 2012-09-26
Case and law context
Role: comparator; posture: criminal; jury convictions for aggravated identity theft (18 U.S.C. 1028A), producing and possessing false identification documents (1028(a)(1), (a)(3)) and other counts; sufficiency appeal on those three counts only. No 922(g) charge: 922(g) appears solely through United States v. Groves, which the defendant cited and the court distinguished when deciding the 1028(c)(3)(A) "affects interstate commerce" element; result: not-decided; claim: (g)
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f3d/697/0592-01 — United States Court of Appeals for the Seventh Circuit · 2012 | Possession in or affecting commerce | not_reached Excluded from merits counts comparator / merits claim: (g); theory: contrast between the commerce effect of producing a fake driver's licence (1028(c)(3)(A)) and of possessing a firearm (922(g), Groves); subject: theory=contrast between the commerce effect of producing a fake driver's licence (1028(c)(3)(A)) and of possessing a firearm (922(g), Groves) The court describes its own earlier 922(g) decision (Groves: gun never recovered, so no manufacture/travel proof; a chain of downstream social effects of the possession is too tenuous to show the commerce element) only to say that the fake-licence production here is different. Nothing about this defendant is a 922(g) fact. The third rule line (quoted from Sarraj, "in another context") states that a commerce nexus needs no knowledge; it is applied here to 1028, not to 922(g). | affecting-commerce/unrecovered-firearm-no-proof-of-out-of-state-manufacture | The firearm in question was never recovered, so the government could not prove that it was manufactured outside the state and therefore had previously traveled in interstate commerce.Source: docroot/ir/caselaw/f3d_697.jsonl#/f3d/697/0592-01; Unicode character offsets [29456:29639] (end exclusive); SHA-256 ae413cd04796506aa44ba7632be5a6ba3a7c81931e7aad16254f606d50ea5593.When it comes to evaluating the effect on interstate commerce, however, producing a fraudulent driver’s license is not analogous to possessing a firearm, the offense at issue in Groves.Source: docroot/ir/caselaw/f3d_697.jsonl#/f3d/697/0592-01; Unicode character offsets [30561:30746] (end exclusive); SHA-256 ae413cd04796506aa44ba7632be5a6ba3a7c81931e7aad16254f606d50ea5593.interstate nexus requirement is a factual predicate, not a mens rea element of the crime that would require proof of defendant’s knowledge of facts supporting the nexus.Source: docroot/ir/caselaw/f3d_697.jsonl#/f3d/697/0592-01; Unicode character offsets [25857:26026] (end exclusive); SHA-256 ae413cd04796506aa44ba7632be5a6ba3a7c81931e7aad16254f606d50ea5593. |