091231P.pdf   03/25/2010  United States  v.  Silvia Ochoa-Gonzalez
   U.S. Court of Appeals Case No:  09-1231
   District of Nebraska - Lincoln   
   [PUBLISHED] [Benton, Author, with Colloton, Circuit Judge, and
   Piersol, District Judge]
   Criminal case - criminal law. Based on the record, neither defendant,
   nor her counsel, nor the court understood that her knowledge that the
   ADIT number on her identification document belonged to another person
   was an essential element of the crime of aggravated identity theft under
   18 U.S.C. Sec. 1028A(a)(1); as a result, her guilty plea was not
   intelligently made and is constitutionally invalid; it was plain error for the
   district court to accept an invalid plea and the error, which affected
   defendant's substantial rights, requires reversal and remand; district court
   did not err in finding defendant's statements were voluntary and
   admissible.