United States v. Reginald Thomas

facts which are necessarily implied.” United States v. Buckley, 689 F.2d 893, 899

(9th Cir. 1982). The indictment’s reference to “Wells Fargo, a federally insured

financial institution,” necessarily implies that the alleged fraudulent scheme

involved a federally insured subsidiary of Wells Fargo. Cf. Putnam v. United States,

162 U.S. 687, 690–91 (1896) (holding that the use of the colloquial name “National

Granite State Bank” in an indictment for bank fraud was not an error, even though

the bank’s authorized name was actually “National Granite State Bank of Exeter”).

2. Thomas next contends the indictment was inadequate because it lacked

sufficient factual particularity and failed to identify that Victim 1 was a “real person”

as is a required element of aggravated identity theft under 18 U.S.C. § 1028A. These

arguments lack merit. The indictment properly tracks the language of the aggravated

identity theft statute and includes the proper mens rea standard. Id.; Ninth Circuit

Model Criminal Jury Instructions 15.9; Jackson, 72 F.3d at 1380. We must read an

indictment “as a whole” and “according to common sense.” Buckley, 689 F.2d at

899. Under this standard, the…