Immigrants wrongly convicted of identity theft,says the Executive Office for US Attorneys

Kenneth E. Melson, Director of the Executive Office for United States Attorneys, issued a letter,  in which he reports that some defendants who have been convicted of possessing false, stolen, or unlawfully produced identification documents, in violation of 18 U.S.C. § 1028(a)(4) or (6), may have been incorrectly sentenced under that statute’s felony penalty provisions, instead of the misdemeanor penalty provisions. According to Mr. Melson, some U.S. Attorneys’ Offices erroneously cited the felony penalty provisions contained in 18 U.S.C. § 1028(b)(1) or (2) in their indictments or plea agreements. As a result, some defendants may have been sentenced to longer terms of imprisonment than they would have been subject to under the misdemeanor penalty provision contained in § 1028(b)(6). In addition, the incorrect characterization of some § 1028(a)(4) or (6) offenses as felonies may have resulted in improper convictions for aggravated identity theft under 18 U.S.C. § 1028A(a).