FEDERAL MODELS BY OFFENSE - PRACTICE NOTES
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Possession Of Multiple Fraudulent Access Devices--Elements (18 USC 1029(a)(3)): Identity Of Devices

PRACTICE NOTE: The identity of particular "access devices" possessed by a defendant accused of unauthorized possession of 15 or more such items under 18 USC 1029(a)(3) is not an element of the crime. Therefore, the jury does not have to agree on which unauthorized cards were possessed by the defendant. (United States v. Lee (1st Cir. 2003) 317 F.3d 26 [statute uses nonspecific terms and is concerned just with the number of cards possessed].)