Page:Dubin v. United States.pdf/20

16 Far from distinguishing, the Government’s reading collapses the enhancement into the enhanced. Here, the Government claims that because petitioner’s overbilling was facilitated by the patient’s Medicaid reimbursement number, §1028A(a)(1) automatically applies. Patient names or other identifiers will, of course, be involved in the great majority of healthcare billing, whether Medicare for massages, Hong, 938 F. 3d, at 1051, or for ambulance stretcher services, Medlock, 792 F. 3d, at 706. Patient names will be on prescriptions, Berroa, 856 F. 3d, at 148, 155–156, and patients committing fraud on their own behalf will often have to include the names of others on their forms, such as doctors or employers. Under the Government’s own reading, such cases are “automatically identity theft,” Tr. of Oral Arg. 82, independent of whether the name itself had anything to do with the fraudulent aspect of the offense.

Nor are these implications confined to healthcare. Section 1028A(a)(1)’s predicates include a vast array of offenses, including wire fraud and mail fraud. §1028A(c)(5). The Government’s boundless reading of “uses” and “in relation to” would cover facilitating mail fraud by using another person’s name to address a letter to them. Even beyond