Professor Joel Johnson Amicus Brief Referenced in Supreme Court Brief: ID Theft Sentence Enhancement

Professor Joel S. Johnson's amicus brief in Dubin v. United States is referenced in Supreme Court Brief: ID Theft Sentence Enhancement. The case involves the scope of the federal aggravated identity theft statute.

Excerpt from Supreme Court Brief: ID Theft Sentence Enhancement:

Dubin is supported by the National Association of Criminal Defense Lawyers in an amicus brief authored by Buckley attorneys Henry Asbill, Bradley Marcus and Jill Winter. They argue the Fifth Circuit’s ruling was too broad and the high court should instead narrow the enhancement to require more than just reciting another person’s name while committing the predicate offense.

He’s also got the backing of Pepperdine University Caruso School of Law professor Joel Johnson. He dinged the Fifth Circuit for failing to limit the enhancement’s use under “vagueness avoidance,” a tool he argues has fallen out of favor but should be restored as “a distinct tool of construction.”

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