Question
Read thecase of U.S. v. White , 846 F.3d 170 (6th Cir. 2017):United States v. White.pdf Sandra White operated atravel agency.To obtain lower airline fares
Read thecase ofU.S. v. White, 846 F.3d 170 (6th Cir. 2017):United States v. White.pdf
Sandra White operated atravel agency.To obtain lower airline fares for her non-military clients, she booked them military-rate travel by creating and forwarding fake military identification cards to the airlineswhen she booked their flights.White would use real customers' names and dates or birth, but create fake Armed Forces Identification Cards that she forwarded to the airlines when she booked their flights in order to obtain military-rate fares.The airlines discovered the cards were fraudulent and called the US Secret Service.The U.S. government charged White with Identify Theft.The crime of Identity Theft requires the "use" of another's identification.In deciding theWhitecase, there were two cases the court referred to asprecedent.In the first case,U.S. v. Miller, 734 F.3d 530 (6th Cir. 2013), David Miller obtained a loan to buy land byrepresenting to the loan company that certain investors had approved the loan when, in fact, they had not.Miller wasconvicted for Identify Theft, but his conviction was later overturnedbecausehe merelysaidthat the investors had done something when they had not -- he didnotusetheir identity.According to the court,sayingsomeone had done something was not "use" of another's identification for purposes of the crime of identity theft.In the second case,U.S. v.Medlock, 792 F.3d 700 (6th Cir. 2015), KathyMedlock, an ambulance service operator, had transported patients for whom there was no medical necessity to do so.To obtain payment for her transportation, she forged a doctor's signature indicating that medical transport was needed even though it wasn't.She wascharged with Identify Theft and the courtconcluded that her conduct of forging the doctor's signaturewasuseof another person's identity.
(1) Which precedent --theMillercase or theMedlockcase -- is most similar to White's situation and why?You should use the facts and the law of each case toexplain your reasoning and support your argument.
(2)In your opinion, did the 6th Circuit Court of Appeals come to the correct legal conclusion regardingthedefinitionof "use" as it applies to the law of Identity Theft and the facts of Sandra White's case?Why or why not?Again, you shoulduse the facts and the law of each case toexplain your reasoning and support your argument.
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