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1513

Federal Jurisdiction—18 U.S.C. § 1028

There are five different bases for federal jurisdiction over the offenses set forth in section 1028(c). They are: (1) the presence of a United States identification document; (2) the presence of a United States document-making implement; (3) the possession of the identification document is with the intent to defraud the United States; (4) the prohibited production, transfer, or possession of the identification document or document-making implement "is in or affects interstate or foreign commerce"; and (5) the identification document or document-making implement is "transported in the mail in the course of the production, transfer, or possession." The presence of any one circumstance grants federal jurisdiction and there is no need for the prosecution to prove the defendant's state of mind with respect to the jurisdictional circumstance. See United States v. Feola, 420 U.S. 671 (1975).

[cited in USAM 9-64.400]