Brief by Professors of Linguistics in Figueroa Case

They conclude, with some very convincing analysis, that the petitioner is correct. The phrase in question is:

"Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years."

"Knowingly" clearly refers to the "use [of] a means of identification of another person," not just to the "use" of something undefined. The grammar is pretty apparent. The Government's brief uses some sketchy linguistic logic, such as citing the Chicago Manual of Style to explain adverbs; it must have been excruciating to pick apart the grammatical details...