US v. Banks, No. 08-20518

By FindLaw Staff on October 19, 2010 | Last updated on March 21, 2019

Mail Fraud Conviction Affirmed

In US v. Banks, No. 08-20518, the court affirmed defendant's convictions for possession of stolen mail and aggravated identify theft, holding that defendant did not dispute that he had agreed that certain stipulated facts were sufficient, and failed to explain in his briefs why the court should permit him to change his mind and challenge the sufficiency of the evidence on appeal.

As the court wrote:  "Brandon Banks appeals his convictions for possession of stolen mail under 18 U.S.C. § 1708 and aggravated identify theft under 18 U.S.C. § 1028A, arguing that his conviction for aggravated identity theft should be vacated for lack of sufficient evidence. Banks is foreclosed from raising his sufficiency argument. Accordingly, we AFFIRM."

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