United States v. Robert Alexander

We must decide whether a counterfeit paper check that bears a victim’s true name, bank account number, and routing number is a “means of identification of another person” for the purposes of the aggravated identity theft statute, 18 U.S.C. §§ 1028A, 1028(d)(7). The district court answered in the affirmative and returned a judgment of conviction. We have jurisdiction under 28 U.S.C. § 1291 and, for the following reasons, we affirm.

I.

While employed as a newspaper deliveryman, Robert Kent Alexander stole mail belonging to two individuals who resided along his delivery route, M.S. and V.S. (“the Snows”). The stolen mail contained a check imprinted with the Snows’ names, address, bank account number, and bank routing number. Alexander used the stolen cheek to create a second, counterfeit check bearing the false name “Robert C. Snow” (listed as a joint account holder along with the Snows), a false Washington State ID number for Robert Snow, and the Snows’ true bank account and routing numbers.

Alexander then used the counterfeit check and a fake ID card in the name “Robert Charles Snow,” a card that bore Alexander’s picture, to make a $158.06 purchase at Walmart. Alexander…