United States v. Roberto Popa

MEMORANDUM

Roberto Popa appeals his jury conviction and sentence for Conspiracy to Effect Fraudulent Transactions with Unauthorized Access Devices & Access Devices issued to Other Persons ( 18 U.S.C. § 1029 (b)(2)); Traffic in and Use of Unauthorized Access Devices ( 18 U.S.C. § 1029 (a)(2) and (b)(1)); Fraudulent Transactions with Access Devices Issued to Other Persons ( 18 U.S.C. § 1029 (a)(5) and (b)(1)); Aggravated Identity Theft (18 U.S.C. § 1028A(a)(l)); False Statement ( 18 U.S.C. § 1001 ); and Unlawfully Procurement of Citizenship (18 U.S.C. § 1425(a)). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. Aggravated Identity Theft

Popa contends that his 24-month sentence enhancement on counts 11 and 13 must be vacated because the drivers’ licenses and credit cards Popa used for his predicate crimes do not qualify as “the means of another” under 18 U.S.C. § 1028A(a)(l). We review the district court’s statutory interpretation de novo. Ariz. Bd. for Charter Sch. v. U.S. Dep’t of Educ., 464 F.3d 1003, 1006 (9th Cir.2006).

Under 18 U.S.C. § 1028A(a)(l), “Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly…