Supreme Court defines when a defendant "uses" a means of identification "in relation to" a predicate offense under 18 U.S.C. § 1028A

 In Dubin v. United States, Case No. 22-10 (June 8, 2023), the United States Supreme Court considered the limits of when a defendant "uses" another person's means of identification under 18 U.S.C. § 1028A. The Court found that a defendant “uses” another person's means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal. The Government suggested a broader reading of "uses" to cover any situation where a defendant employs a means of identification to facilitate or further the predicate offense in some way. The Court found this reading too broad, finding that § 1028A(a)(1) would thus apply automatically any time a name or other means of identification happens to be part of the payment or billing method used in the commission of a long list of predicate offenses.