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UNITED STATES v. MENNUTI

No. 678, Docket 81-1408.

679 F.2d 1032 (1982)

UNITED STATES of America, Appellee, v. Dominick MENNUTI, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 13, 1982.

Attorney(s) appearing for the Case

Irwin Popkin, Hicksville, N. Y., for defendant-appellant.

Arlene R. Lindsay, Asst. U. S. Atty., E.D.N.Y., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E.D.N.Y., Jane Simkin Smith, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for the U. S.

Before FEINBERG, Chief Judge, and VAN GRAAFEILAND and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

The principal issue raised in this appeal is whether, for statute of limitations purposes, a conspiracy can continue even after the commission of the substantive underlying offense has been completed. The district court held that although the relevant five-year statute of limitations barred prosecution of appellant Dominick Mennuti for mail fraud, 18 U.S.C. § 1341 (1976), he could nevertheless be tried for conspiracy to commit mail fraud...

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