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Justice News

Department of Justice
U.S. Attorney’s Office
Northern District of Iowa

FOR IMMEDIATE RELEASE
Wednesday, July 9, 2014

Illegal Alien Convicted Of Aggravated Identity Theft

An illegal alien from Mexico who assumed the identity of a United States citizen was convicted by a jury today, after a two-day trial in federal court in Cedar Rapids.

Juan Bautista-Rubio, age 21, an illegal alien from Mexico living in Cedar Falls, Iowa, was convicted of one count of aggravated identity theft.  The verdict was returned this afternoon following about two hours and thirty minutes of jury deliberations. Bautista-Rubio previously pled guilty on May 9, 2014, to one count of illegal re-entry into the United States following deportation and one count of unlawful use of a fraudulently acquired social security card and permanent resident card to gain employment in the United States.

The evidence at trial showed that Bautista-Rubio used a fraudulently acquired social security card and a fake lawful permanent resident alien card to obtain employment in Waterloo, Iowa, where he filled out an Immigration I-9 Form on April 5, 2012, falsely claiming to be a lawful permanent resident alien.  Immigration I-9 forms are required to be completed by all employees working within the United States.  Bautista-Rubio worked in Waterloo, Iowa, continuously from April 2012 through June 2013 and again from December 2013 through April 2014.  

On April 23, 2014, Bautista-Rubio was questioned by an agent with Homeland Security.  During that interview Bautista-Rubio admitted that he was present in United States illegally after being deported in 2011 and that he knowingly used the identification documents of a real person, including the name, date of birth, and social security number, to gain employment in the United States.  Bautista-Rubio told the agent that he specifically requested and obtained the identification documents of a real person to ensure that he could work here.

Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared.  Bautista-Rubio remains in custody of the United States Marshal pending sentencing.  On the illegal re-entry count, Bautista-Rubio faces a possible maximum sentence of two years’ imprisonment.  On the use of identification documents count, Bautista-Rubio faces a possible maximum sentence of ten years’ imprisonment.  On the aggravated identity theft count, Bautista-Rubio faces a mandatory sentence of two years’ imprisonment.  In addition, on all counts, Bautista-Rubio faces fines of up to $750,000, $300 in special assessments, and five years of supervised release following any imprisonment.

The case is being prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Department of Homeland Security. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-0052.

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Updated February 19, 2015