UNITED STATES v. SPARKS

No. 82-3051.

685 F.2d 1128 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Billy J. SPARKS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1982.


Attorney(s) appearing for the Case

Stephen Cooper, Fairbanks, Alaska, for plaintiff-appellant.

Michael J. Frank, Baily & Mason, Anchorage, Alaska, for defendant-appellee.

Before PREGERSON, ALARCON, and NELSON, Circuit Judges.


NELSON, Circuit Judge:

The district court denied the Government's motion made under Fed.R.Civ.P. 60(b) to set aside the court's order dismissing the Government's case for lack of prosecution. The United States appeals. For the reasons stated below, we reverse and remand the district court's order.

Appellee Sparks was convicted in 1973 of possessing stolen mail. The crime occurred in 1971. In 1977, shortly before the applicable 6-year statute of limitations...

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