United States v. Pollard

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Defendant pleaded guilty to one count of aggravated identity theft and aiding and abetting, and one count of possessing a false identification document with the intent to defraud the United States. On appeal, defendant challenged the district court's forfeiture order in the amount of $4,128,554.00. The court held that when a conviction for aggravated identity theft is premised on a proven or admitted violation of a predicate offense that is enumerated in the civil forfeiture statute, then forfeiture is authorized. The court concluded that the district court had statutory authority to enter a criminal forfeiture order because of defendant's conviction of aggravated identity theft, with a bank fraud predicate offense; defendant waived his Eighth Amendment claim; defendant waived his right to appeal the forfeiture order on notice grounds; and defendant waived his claim that the district court erred by not requiring the government to prove the amount of proceeds. Accordingly, the court affirmed the judgment. View "United States v. Pollard" on Justia Law