United States v. Graciela Zuniga-Arteaga
2012 U.S. App. LEXIS 10208
| 11th Cir. | 2012Background
- Graciela Zuniga-Arteaga, a Mexican national, sought U.S. admission in 1995 with fraudulent identifiers.
- She returned to Mexico after signing an I-275 cancellation when her claimed identity was non-existent.
- Upon reentry, she used a false ID and claimed to be the person named in the indictment.
- In 2002 she was convicted of conspiracy to possess with intent to distribute marijuana.
- In 2010 ICE learned she used the deceased MSG identity and presented a birth certificate for MSG.
- She was indicted in November 2010 for false U.S. citizenship and aggravated identity theft based on using MSG’s identity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1028A(a)(1) extends to deceased individuals' identities | Zuniga-Arteaga argues ‘person’ means living only | Government contends living/deceased both covered by the statute | Yes, §1028A(a)(1) covers deceased identities |
Key Cases Cited
- United States v. LaFaive, 618 F.3d 613 (7th Cir. 2010) (reads ‘person’ to include living and dead; analyzes proximity to §1028A(a)(2))
- United States v. Maciel-Alcala, 612 F.3d 1092 (9th Cir. 2010) (concludes deceased identities fall within §1028A(a)(1))
- United States v. Kowal, 527 F.3d 741 (8th Cir. 2008) (interprets scope of ‘means of identification’ to include real persons, living or dead)
- United States v. Jimenez, 507 F.3d 13 (1st Cir. 2007) (interprets ‘means of identification of another person’ broadly)