UNITED STATES v. PELOQUIN

No. 86-1055.

810 F.2d 911 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. Michael J. PELOQUIN and James J. Edwards, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 18, 1987.


Attorney(s) appearing for the Case

Mark E. Aspey, Phoenix, Ariz., for plaintiff-appellant.

Joe Keilp, Phoenix, Ariz., for defendant-appellee Edwards.

Michael B. Scott, Phoenix, Ariz., for defendant-appellee Peloquin.

Before KENNEDY and BOOCHEVER, Circuit Judges, and STEPHENS, District Judge.


KENNEDY, Circuit Judge:

The federal statute of limitations requiring indictments to be brought within five years has a grace period, or saving clause, of an additional six months for certain cases. On this appeal, we consider whether a second indictment was within the limitations' saving clause and the relation of that clause to the Speedy Trial Act. The five-year indictment statute is at 18 U.S.C. § 3282; the relevant six-month savings clause is at 18 U.S.C...

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