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UNITED STATES v. GONSALVES

No. 81-1214.

675 F.2d 1050 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Stephen GONSALVES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1982.

Rehearing Denied June 3, 1982.

Attorney(s) appearing for the Case

John J. Robinson, Asst. U. S. Atty., argued; M. James Lorenz, U. S. Atty.; John J. Robinson, Asst. U. S. Atty., on the briefs, San Diego, Cal., for plaintiff-appellant.

Howard B. Frank, Frank & Milchen, San Diego, Cal., for defendant-appellee.

Before KASHIWA, Court of Claims Judge, FLETCHER and NORRIS, Circuit Judges.

NORRIS, Circuit Judge:

The government appeals from the district court's order dismissing a San Diego indictment against Gonsalves on the ground that it was barred by the five-year statute of limitations.1 The charges arose out of a scheme to import hashish from Lebanon which was aborted at the Beirut airport on August 5, 1975, five years and 56 days before the date of the indictment.2 The

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