Whether the Eighth Circuit erred in interpreting 18 U.S.C. § 1028A's prohibition on the 'use' of another's identity without lawful authority

QUESTION PRESENTED The Aggravated Identity Theft statute, 18 U.S.C. § 1028A(a)(1), punishes, by a mandatory consecutive two-year sentence, “[w]hoever, during and in relation to any [enumerated felony], knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.” The question presented is: Whether the Eighth Circuit erred in interpreting 18 U.S.C. § 1028A’s prohibition on the “use” of another’s identity without lawful authority as unambiguously prohibitting use that is “more than incidental to the [enumerated felony],” a construction that is different in scope than other circuits, and in conflict with those circuits that have found the statute ambiguous and subject to the Rule of Lenity. ii