United States v. Hairup

MEMORANDUM OPINION AND ORDER

DEE BENSON, District Judge.

Before the Court is Defendant Melynda Jonelle Hairup’s Motion to Dismiss Count 31 of the Indictment pursuant to Federal Rule of Criminal Procedure 12(b)(2) and DUCrimR12-l. Count 31 of the Indictment charges Defendant with aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(1). Defendant argues that under no set of circumstances do her alleged acts satisfy the mens rea requirement of this statute and, therefore, this count should be dismissed.

Background

On August 29, 2007, Defendant was named in three counts of a thirty-three…