Replies

In their written communication to the judge this afternoon, the jurors said: “Some of us feel not all jurors are following the jury instruction.”

Groan!
Shoulda know a Daily Kos member would sneak into the jury pool by lying through his teeth.

” asked to review a federal law addressing identity theft. That's the count on which the jurors deadlocked.”

What is there to be deadlocked about?
It's as clear as day and night. He is guilty of id theft. Just follow the law and the judge's instructions. Simple.

It’s only identity theft under Tennessee law if the access code the perpetrator has is government-issued, is some sort of biometric data, or can be used to spend the victim’s money.

Gaining access to e-mail doesn’t allow you to spend the victim’s money.

http://www.law.cornell.edu/uscode/18/usc_sec_18_00001028-—A000-.html

I’d have to say he’s guilty under 1028A(c)(4) — not sure about 1028A(c)(5).

(7) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law;

1028A(c)(5) refers to an entire chapter of U.S. Code — kind of hard to wade through all that.

I’m also wondering what exactly was blacked out — I really don’t see anything — my guess is possibly it was 1028A(b) — but that doesn’t relate to the definition of identity theft — rather what punishment he can receive if found guilty.