WICHITA, Kan. (AP) — A judge has dismissed the indictment against the wife of a Mexican man accused of changing an identity theft victim’s name on a birth certificate to his own.

U.S. District Judge Eric Melgren on Wednesday granted the government’s request to drop charges against 83-year-old Antonia Vargas-Ortega for her alleged role in a scheme to obtain government benefits.

Her 82-year-old husband, Ramon Perez-Rivera, pleaded guilty last week to charges including possession of unlawfully obtained document and illegal re-entry. His sentencing is Oct. 21.

Prosecutors allege that Perez-Rivera convinced a California court to unwittingly change the legal name of the U.S. citizen whose identity he had assumed to his own real name. Armed with that court order, he also changed the victim’s California birth record to his own name.