Case: 21-50380        Document: 00516987207              Page: 1      Date Filed: 12/01/2023




               United States Court of Appeals
                    for the Fifth Circuit
                                                                                  United States Court of Appeals
                                                                                           Fifth Circuit


                                     ____________                                        FILED
                                                                                  December 1, 2023
                                       No. 21-50380                                 Lyle W. Cayce
                                     Consolidated with                                   Clerk
                                      No. 22-50659
                                     ____________

   United States of America,

                                                                      Plaintiff—Appellee,

                                             versus

   Bradley Lane Croft,

                                              Defendant—Appellant.
                     ______________________________

                    Appeals from the United States District Court
                         for the Western District of Texas
                              USDC No. 5:18-CR-603-1
                    ______________________________

   Before Graves, Higginson, and Ho, Circuit Judges.
   Stephen A. Higginson, Circuit Judge:
           In 2019, Bradley Lane Croft was convicted of four counts of aggra-
   vated identity theft under 18 U.S.C. § 1028A. 1 After this court affirmed those
   convictions, the Supreme Court decided United States v. Dubin, 

,

           _____________________
           1
            Croft was also convicted of eight counts of wire fraud, two counts of money
   laundering, and two counts of making false tax returns. As discussed in this opinion, these
   convictions are not challenged on remand.
Case: 21-50380      Document: 00516987207         Page: 2    Date Filed: 12/01/2023




                                    No. 21-50380
                                  c/w No. 22-50659

   132 (2023), which articulated a new standard for convictions under § 1028A.
   Subsequently the Supreme Court granted certiorari in this case, vacated this
   court’s judgment, and remanded for consideration in light of Dubin. United
   States v. Croft, 

. Croft asks that this court vacate his
   convictions under § 1028A and remand this case for resentencing. During
   the pendency of this case, Croft also filed a pro se appeal after the district
   court denied his third motion for a new trial, in which he alleged newly dis-
   covered evidence that the government should have, but did not, produce un-
   der Brady v. Maryland, 

 (1963). At the same time, he moved for
   release pending appeal, arguing that he was likely to prevail in his direct ap-
   peal and his pro se appeal. Because of the interrelatedness of Croft’s direct
   and pro se appeals, No. 21-50380 and 22-50659, we sua sponte consolidate
   these cases.
          Having evaluated the evidence adduced at Croft’s trial under the
   “crux of the criminality” standard articulated in Dubin, we affirm Croft’s
   four convictions under § 1028A. We further affirm the district court’s de-
   nial of Appellant’s motion for a new trial, and deny as moot his motion
   for release pending appeal.
                                         I.
          Croft owned and operated Universal K-9, a school that primarily
   trained handlers and dogs for police work. Croft sought to expand the
   business by offering courses to veterans, who would pay tuition using G.I. Bill
   funds paid by the Department of Veterans Affairs (VA). However, to be
   eligible to receive such funds, Universal K-9 had to first obtain certification
   from the Texas Vetera