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UNITED STATES v. SEARS, ROEBUCK & CO., INC.

No. 84-5296.

785 F.2d 777 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 25, 1986.

Attorney(s) appearing for the Case

Victor D. Stone, Atty., Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Stephen D. Miller, Miller & Nolan, Inc., Beverly Hills, Cal., for defendant-appellee.

Before SKOPIL and CANBY, Circuit Judges, and SOLOMON, District Judge.

PER CURIAM:

The government appeals the dismissal of the superseding indictment on the ground that it broadened the original indictment and was therefore barred by the five year statute of limitations contained in 18 U.S.C. § 3282. We reverse and remand this case for assignment to a different judge.

I.

Once an indictment is returned the statute of limitations is tolled as to the charges contained in the indictment. United States v. Wilsey...

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