United States v. Jason Reynolds
404 U.S. App. D.C. 247
| D.C. Cir. | 2013Background
- Reynolds was the chief financial officer of National City Christian Church and caused over $850,000 in losses.
- He used digital copies of officers' signatures to forge a corporate resolution approving increased bank borrowing.
- The forged resolution was presented to Adams National Bank to obtain funds.
- A jury convicted Reynolds of four counts of aggravated identity theft under 18 U.S.C. § 1028A, plus related fraud, tax, and other offenses.
- Section 1028A(a)(1) imposes two-year sentences for each violation; §1028A(b) allows some sentences to run concurrently.
- Reynolds challenged insufficiency of evidence for identity theft and two evidentiary rulings; only the identity theft argument is addressed in the published opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1028A requires theft and individual harm | Reynolds argued government must prove stolen information and harm. | United States argued use without lawful authority suffices; no need for theft or harm. | No error; §1028A unambiguous and does not require proof of theft or individual harm. |
Key Cases Cited
- United States v. Villanueva-Sotelo, 515 F.3d 1234 (D.C. Cir. 2008) (statutory text plain; interpret in light of text)
- Connecticut Nat’l Bank v. Germain, 503 U.S. 249 (Sup. Ct. 1992) (textual analysis controls when plain)
- United States v. McCoy, 242 F.3d 399 (D.C. Cir. 2001) (motions for acquittal standard)
- Bhd. of R.R. Trainmen v. Baltimore & Ohio R.R. Co., 331 U.S. 519 (Sup. Ct. 1947) (legislative history cannot narrow clear text)
- United States v. Lumbard, 706 F.3d 716 (6th Cir. 2013) (use without lawful authority encompasses more than theft)
- United States v. Ozuna-Cabrera, 663 F.3d 496 (1st Cir. 2011) (use without lawful authority broad interpretation)
- United States v. Abdelshafi, 592 F.3d 602 (4th Cir. 2010) (examples in history do not narrow statute)