United States v. Valerio, 676 F.3d 237

Valerio, a Costa Rican national, entered the U.S. illegally and used Rosa Hernández’s identity to obtain employment and credit from 1995–2007.
She used Hernández’s SSN to apply for a Massachusetts driver’s license and to file taxes, while withholding income and assets from agencies.
Valerio used Hernández’s name to mail letters to state and federal agencies and to validate employment and volunteer activities.
Credit reports listing Hernández’s addresses and a Pontificia Universidad Católica debt tied to Hernández supported Valerio’s use of the identity.
Hernández learned someone used her name; police found Valerio’s organized files for Valerio’s identity and Hernández’s identity.
Valerio was convicted by a jury on three mail-fraud counts and one count of aggravated identity theft; she challenged the convictions on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of knowledge for 1028A(a)(1)	Valerio argues no direct evidence she knew Hernández was real.	Valerio contends the government failed to prove knowledge via Flores-Figueroa.	Sufficient circumstantial evidence supports knowledge; conviction affirmed.
Effect of suppressing Valerio's police statement	Valerio contends suppression could have changed outcome.	No reasonable probability of different result even if suppressed.	No prejudice; Rule 29 denial affirmed.
Adequacy of defense on knowledge element	Collins failed to develop certain tactics on knowledge.	Performance was reasonable; other tactics would not have changed outcome.	Defense adequate; no prejudice from tactics not used.
Pursuit of alternative theories vs Flores-Figueroa	Counsel’s focus on selective prosecution/jury nullification harmed defense.	Defense strategies were reasonable; no prejudice from pursuing alternatives.	No prejudice; alternative theories did not alter result.
Counsel asleep during trial	Alleged sleeping prejudiced defense.	District court credibility finding favored counsel’s attentiveness.	No clear error; no prejudice shown.

Flores-Figueroa v. United States, 129 S. Ct. 1886 (2009) (knowledge element requires knowing the identified belongs to another)
Godin, 534 F.3d 51 (1st Cir. 2008) (addressed knowledge scope of §1028A)
Agosto-Vega, 617 F.3d 541 (1st Cir. 2010) (knowledge may be proven by circumstantial evidence)
Gómez-Castro, 605 F.3d 1245 (11th Cir. 2010) (evidence of testing authenticity supports knowledge finding)
Dwinells, 508 F.3d 63 (1st Cir. 2007) (courts resolve evidentiary conflicts in favor of jury verdict)