SCOTUS delivered an opinion on Flores-Figueroa v United States in which they held the government was incorrect as to punishment for certain crimes in this case due to the law requiring the perp to know his false ID belonged to another. No need to discuss the insanity of the law as the time required to cover all those points would be impractical. It is sufficient to know the court acted wisely but again an example of the White House and Congress not doing so is painfully clear.
federal legislators in their less than divine wisdom produced the following as an amendment to 18 USC Section 1028
SEC. 2. AGGRAVATED IDENTITY THEFT.
(a) In General.–Chapter 47 of title 18, United States Code, is
amended by adding after section 1028, the following:
“Sec. 1028A. Aggravated identity theft
“(a) Offenses.–
“(1) In general.–Whoever, 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.
“(2) Terrorism offense.–Whoever, during and in relation to
any felony violation enumerated in section 2332b(g)(5)(B),
knowingly transfers, possesses, or uses, without lawful
authority, a means of identification of another person or a
false identification document shall, in addition to the
punishment provided for such felony, be sentenced to a term of
imprisonment of 5 years.
When it comes to ‘terrorism offense’ using ID ‘knowingly’ belonging to another person OR a false ID document shall provide the additional punishment but not ‘in general’ for felony offenses.
It appears SCOTUS responded correctly to this case in the opinion delivered. The problem lies with the morons who produced the legislation. Screw ‘em they’re all guilty of political stupidity and here are those involved as sponsors, co-sponsors or ones who voted for or signed the bill into law.
Sponsor: Rep Carter, John R. [TX-31]
Co-sponsors:
Rep Bachus, Spencer [AL-6] - 10/15/2003
Rep Baird, Brian [WA-3] - 2/24/2004
Rep Barton, Joe [TX-6] - 9/23/2003
Rep Burgess, Michael C. [TX-26] - 2/24/2004
Rep Case, Ed [HI-2] - 9/16/2003
Rep Frank, Barney [MA-4] - 7/25/2003
Rep Frost, Martin [TX-24] - 9/16/2003
Rep Gallegly, Elton [CA-24] - 5/4/2004
Rep Goode, Virgil H., Jr. [VA-5] - 7/25/2003
Rep Green, Gene [TX-29] - 2/4/2004
Rep Hensarling, Jeb [TX-5] - 2/24/2004
Rep McCarthy, Carolyn [NY-4] - 1/27/2004
Rep Moran, James P. [VA-8] - 9/16/2003
Rep Neugebauer, Randy [TX-19] - 2/4/2004
Rep Ney, Robert W. [OH-18] - 2/24/2004
Rep Nunes, Devin [CA-21] - 2/4/2004
Rep Owens, Major R. [NY-11] - 2/4/2004
Rep Porter, Jon C. [NV-3] - 3/30/2004
Rep Ross, Mike [AR-4] - 9/25/2003
Rep Royce, Edward R. [CA-40] - 9/16/2003
Rep Schakowsky, Janice D. [IL-9] - 2/24/2004
Rep Schiff, Adam B. [CA-29] - 4/10/2003
Rep Sherman, Brad [CA-27] - 2/4/2004
Rep Smith, Lamar [TX-21] - 2/24/2004
Rep Spratt, John M., Jr. [SC-5] - 9/16/2003
Rep Watson, Diane E. [CA-33] - 1/27/2004
The bill was passed either by voice vote or unanimous consent, etc. So the entire Congress and President Bush are guilty as charged on political stupidity.
It is simply beyond any reasonable excuse that those charged with protecting this country can repeatedly error in such critical issues largely based not on ignorance or neglect but ‘knowingly’ allowing political considerations to determine public policy and law.
Stanford Matthews
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