## Facts

- The INS ran an undercover investigation into sales of counterfeit identification documents in Washington, D.C.
- In January 1984, Jesus Amaya Quinteros sold counterfeit Social Security cards to an undercover INS officer on two occasions.
- On April 4, 1984, Quinteros was arrested on a criminal complaint tied to false identification document transfers.
- The government later dismissed the complaint; Quinteros was immediately taken into INS custody on separate immigration grounds.
- On May 7, 1984, a grand jury indicted Quinteros on four counts under 18 U.S.C. § 1028, including transferring counterfeit Social Security cards (§ 1028(a)(2)) and possessing false Alien Registration Receipt cards (§ 1028(a)(6)).
- At a bench trial, a Social Security Administration official testified Social Security cards were commonly used for identification and that “not for identification” language had been removed from the cards in 1972.
- The district court denied motions to dismiss challenging (1) whether Social Security cards are “identification documents” under § 1028 and (2) whether the indictment timing violated the Speedy Trial Act and the Sixth Amendment.
- Quinteros was convicted on three counts and appealed.

## Issues

1. Whether a Social Security card is an “identification document” under 18 U.S.C. § 1028 as a document “intended or commonly accepted” for identifying individuals.
2. Whether the timing between the April 4 arrest, dismissal of the complaint, and the May 7 indictment violated the Speedy Trial Act and the Sixth Amendment right to a speedy trial.

## Decision

- The Fourth Circuit affirmed the convictions.
- The court held Social Security cards qualify as “identification documents” under § 1028 because they are commonly accepted for identification, even if not originally intended for that purpose.
- The court held there was no Speedy Trial Act violation because dismissal of the complaint without prejudice restarted the statutory indictment clock.
- The court held there was no Sixth Amendment violation because the delay was short, lacked improper government motive, and was not shown to prejudice the defense.

## Legal Principles

- Under 18 U.S.C. § 1028, a federal document may qualify as an “identification document” if it is “commonly accepted” for identifying individuals; proof of original design or primary intent to serve as identification is not required.
- Evidence of common acceptance may include testimony on customary use in public and private settings, changes to the document’s warnings or format, and the existence of a market for counterfeits reflecting identification value.
- When a criminal complaint is dismissed without prejudice, the Speedy Trial Act’s pre-indictment time period generally restarts upon new charging action; time during which no federal charge is pending is not counted absent improper evasion.
- A Sixth Amendment speedy-trial claim is assessed under the Barker v. Wingo factors, including length of delay, reason for delay, assertion of the right, and prejudice.

## Conclusion

The court concluded that counterfeit Social Security cards fall within § 1028 because Social Security cards are commonly accepted as identification, and it rejected statutory and constitutional speedy-trial challenges because dismissal of the original complaint reset the Speedy Trial Act timing and the brief delay caused no demonstrated prejudice.


United States v. Quinteros, 769 F.2d 968 (4th Cir. 1985)