Usher

I. INTRODUCTION

The United States of America (the "Government") charges Defendant Daniel Jermaine Usher with five counts of bank fraud and three counts of aggravated identity theft. (Dkt. 42 [First Superseding Indictment, *821 hereinafter "FSI"].) Mr. Usher entered a guilty plea as to all five counts of bank fraud on January 17, 2018. (Dkts. 56, 59.) On January 18, 2018, the Court held a one-day bench trial on the three counts of aggravated identity theft. For the following reasons, the Court finds Mr. Usher guilty on all three counts of aggravated identity theft.

II. FINDINGS OF FACT AND CONCLUSIONS OF LAW

Counts Six through Eight of the FSI charge Mr. Usher with aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1). Section 1028A(a)(1) provides that "[w]hoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years." Enumerated felony violations include bank fraud in violation of 18 U.S.C. § 1344 . See 18 U.S.C. §…