UNITED STATES v. GIRARD

No. 83-3549 Summary Calendar.

744 F.2d 1170 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Milton H. GIRARD, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 29, 1984.


Attorney(s) appearing for the Case

John P. Volz, U.S. Atty., Curtis L. Collier, Harry W. McSherry, Jr., Asst. U.S. Attys., New Orleans, La., for plaintiff-appellant.

Charles Ciaccio, William Wessel, New Orleans, La., for defendant-appellee.

Before CLARK, Chief Judge, REAVLEY, and GARWOOD, Circuit Judges.


CLARK, Chief Judge:

The United States appeals the district court's decision to dismiss the indictment of Milton H. Girard on the grounds that the statute of limitations had expired. We reverse.

I

On June 10, 1983, the grand jury for the Eastern District of Louisiana indicted Girard for conspiring to defraud the United States in violation of 18 U.S.C. § 371. The indictment stated that Girard, acting as president of Girard Plumbing and Sprinkler...

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