United States v. Villanueva-Sotelo

KAREN LeCRAFT HENDERSON Circuit Judge,

dissenting:

At issue in this case is the proper interpretation of the following language of the Identity Theft Penalty Enhancement Act, Pub.L. 108-275, § 2(a), 118 Stat. 831 (IT-PEA):

Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.

18 U.S.C. § 1028A(a)(l) (emphasis added).1 The majority interprets…