Documented record
Laura Louise Althouse worked in Agriprocessors' human-resources and payroll operations. She pleaded guilty to conspiracy to harbor undocumented workers for financial gain and aggravated identity theft. At the time, 18 U.S.C. § 1028A mandated two years' imprisonment on the identity-theft count, consecutive to any sentence for the underlying felony.
Rouse filed a sentencing-variance motion on April 29, 2009. On May 4—the day the Supreme Court decided Flores-Figueroa v. United States—he separately moved to withdraw Althouse's aggravated-identity-theft plea. Judge Linda R. Reade granted the motion on May 5. The government later dismissed that count. Judge Reade varied below the advisory Guidelines and sentenced Althouse to two years' probation on the remaining conspiracy count.
Why this matter is included
The sequence is documented by the filed motion, the court's order, the later dismissal, and the sentencing record.
Principal sources
- Motion to withdraw guilty pleaFiled motion addressing aggravated identity theft.
- Order granting withdrawalJudge Linda R. Reade's May 5, 2009 order.
- Motion for varianceSentencing request filed for Althouse.
- Flores-Figueroa v. United StatesSupreme Court decision construing § 1028A.
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