The Court reversed the defendant's conviction for aggravated identity theft, holding that the defendant did not "use" his patient's identifying information when he fraudulent billed Medicare for services he never provided them, since he did not use their identifying information for the purposes of passing himself off as another person.
The Court affirmed the district court's order sentencing the defendant to consecutive terms of imprisonment for violating his supervised release. Even though the district court had initially imposed concurrent terms of imprisonment and supervised release, the Guidelines allow a sentencing court to impose consecutive or concurrent sentences following the revocation of supervised release.
The Court reversed the defendant's conviction, holding that the district court's failure to orally instruct the jury on the elements of the charged offenses was a structural and plain error even where the district court orally confirmed with each juror that they had read the instructions.
The Court held that the “antique firearm defense” was an affirmative defense as opposed to an element of the 922(g). The Court acknowledged that it remains an open question whether the “antique firearm defense” is objective, meaning that the age of the firearm alone determines the availability of the defense, or whether the defense is subjective, meaning the defense applies when a defendant reasonably believes the firearm was manufactured before 1899.
The Court held that it was plain error for the district court to accept the defendant's plea to armed robbery where the factual basis was based on his placing a closed pocket knife on the bank teller's counter while pulling a plastic bag out of his pocket, as this did not constitute "use of a deadly weapon."