United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

January 14, 2013

By the Court: No. 11‐1683 Appeal from the United States District Court for the UNITED STATES OF AMERICA, Northern District of Indiana, Plaintiff‐Appellee, Hammond Division.

v. No. 2:10cr55‐001 CHRISTOPHER L. SPEARS, Rudy Lozano, Defendant‐Appellant. Judge.

O R D E R The petition for rehearing en banc is GRANTED. The panel’s opinion and judgment are VACATED. The parties shall file new briefs addressing the following question: Does the crime of aggravated identity theft as defined in U.S.C. § 1028A(a)(1) require a theft or other misappropriation of another person’s identifying information when the prosecution relies only on the “knowing transfer” part of the statute?

In addition to any other statutory language that bears on the question, the parties should specifically address the meaning of the phrases “without lawful authority” and “means of identification of another person.” The parties should also address the effect, if any, of the Supreme Court’s decision in Flores‐Figueroa v. United States, 556 U.S. 646 (2009), on this question.

No. 11‐1683 Page 2 IT IS FURTHER ORDERED that briefing will proceed as follows: 1. The opening brief of defendant‐appellant Christopher Spears is due on or before February 11, 2013.

2. The responsive brief of plaintiff‐appellee the United States is due on or before March 13, 2013.

3. The reply brief is due on or before March 27, 2013.

Counsel should submit thirty‐five (35) copies of all briefs, appendices, and citations of additional authority.

Oral argument will be scheduled by separate order.