Opinion of the Court
In contrast, if §1028A(a)(1)’s verbs do not track identity theft and if the means of identification need only facilitate the predicate offense, the other two verbs threaten to leave “uses” without “virtually any function.” Bailey, 516 U. S., at 146. Return to a definition of “in relation to” that just means “ ‘facilitates or furthers’ the predicate offense in some way.” Brief for United States 10. In virtually all cases where a defendant employs a means of identification to facilitate a crime, the defendant will also possess or transfer the means of identification in a way that facilitates the crime. For example, petitioner’s possession of the patient’s means of identification facilitated the fraud, as did petitioner’s transfer of the patient’s means of identification to Medicaid. It is hard to imagine when “uses” would not similarly be covered by, at least, one of the two other verbs. This risk of superfluity suggests giving §1028A(a)(1) a more precise reading.
In sum, §1028A(a)(1)’s title and text are mutually reinforcing. Both point toward requiring the means of identification to be at the crux of the criminality.
D
Section 1028A’s list of predicate offenses points to yet another stumbling block for the Government’s broad reading. Section 1028A(a)(1) is an enhancement, and a severe one at that. It adds a 2-year mandatory prison sentence onto underlying offenses that do not impose a mandatory prison sentence of any kind. See, e.g., 18 U. S. C. §1035 (“[f]alse statements relating to health care matters,” setting no minimum sentence). This prevents sentencing judges from considering the severity of the offense, even if the amount of money involved was quite small or there are other mitigating factors. Interpretation of §1028A(a)(1) should thus reflect the “distinction between” the aggravated identity theft crimes that “Congress sought to distinguish for heightened punishment and other crimes.” Leocal, 543 U. S., at 11.
