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UNITED STATES v. MUSE

Nos. 439, 491, 513, Docket 78-1296 to 78-1298.

633 F.2d 1041 (1980)

UNITED STATES of America, Appellee, v. John MUSE, Appellant.

United States Court of Appeals, Second Circuit.

Decided October 22, 1980.

Attorney(s) appearing for the Case

Steven Lloyd Barrett, New York City (The Legal Aid Society, Federal Defenders Services Unit, New York City, on brief), submitted a brief for appellant Muse.

Edward Korman, U.S. Atty., Brooklyn, N.Y. (Harvey M. Stone, Harvey J. Golubock, Asst. U.S. Attys., Brooklyn, N.Y., on brief), submitted a brief for appellee.

Before FEINBERG, Chief Judge, KAUFMAN, MANSFIELD, MULLIGAN, OAKES, TIMBERS, VAN GRAAFEILAND, MESKILL, NEWMAN, and KEARSE, Circuit Judges.

Submitted to the En Banc Court January 30, 1980.

NEWMAN, Circuit Judge:

An indictment charging a criminal offense is subject to dismissal if it is not filed within the period of time established by the statute of limitations for that offense. Rule 6(e) of the Federal Rules of Criminal Procedure permits a district court to direct that a timely-filed indictment may be sealed until the defendant is in custody. A sealed indictment is timely even though the defendant...

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