Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 3:16-cr-00101-1—Charles R. Simpson, III, District Judge.
Argued: January 31, 2018
Decided and Filed: February 20, 2018
Before: SUHRHEINRICH, SUTTON, and BUSH, Circuit Judges.
SUTTON, Circuit Judge. What does it mean to “use” someone else’s “means of
identification”? 18 U.S.C. § 1028A(a)(1). The question arises in the context of an indictment
alleging that Philip Michael used a doctor’s means of identification (his name and identification
number) and a patient’s means of identification (his name and birth date) to request insurance
reimbursement for a drug the doctor never prescribed and the patient never requested. Michael
claims that the statute covers only impersonations, and he never impersonated anyone. Even if
he fraudulently used a doctor’s identification number and a patient’s name, he says, he still
submitted the reimbursement claim in his name. But the statute is not so confined, as the words
of the provision and the cases interpreting it show.
. . .
We reverse the district court’s decision and remand for proceedings consistent with this