ORDER ON DEFENDANT'S MOTION TO DISMISS COUNT 17 OF THE INDICTMENT
HORNBY, District Judge.
In 2004, Congress enacted the Identity Theft Penalty Enhancement Act. Pub.L. 108-275, § 2(a), 118 Stat. 831. The Act created an enhanced criminal penalty for anyone who, while engaging in an enumerated felony (the indictment in this case alleges bank fraud and social security fraud), "knowingly transfers, possesses, or uses, without lawful authority, a means of...
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