Harrell

Tia Latrice Harrell raises a question of first impression in our Circuit: whether the “relating to” parentheticals within 18 U.S.C. § 1028A(c) limit the statute’s otherwise clear articulation of which offenses may serve as predicates for application of § 1028A(a). We publish to make clear that the “relating to” parentheticals do not limit the statute’s effect, but serve simply as descriptive aids.

I

Harrell knew that she would never be approved to visit the Washington Corrections Center in Shelton, Washington. The center was trying to combat a growing problem with smuggled-in contraband, and Harrell had a lengthy criminal record and was under federal supervision at the time for bank fraud. Her solution was simple: she assumed someone else’s identity. In her written visitor’s application, Harrell listed another individual’s name, date of birth, and Social Security number, and, when she visited the facility, she presented a Washington state identification card in that same person’s name.

Harrell’s subterfuge did not last long, however. Corrections officials discovered that one of the facility’s regular visitors was on active supervision — a fact not reflected in their…