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U.S. v. CALDWELL

No. 88-5037.

859 F.2d 805 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Craig E. CALDWELL, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 20, 1988.

Attorney(s) appearing for the Case

Dean G. Dunlavey, Asst. U.S. Atty., Crim. Div., Los Angeles, Cal., for plaintiff-appellant.

Thomas E. Holliday, Charles J. Stevens, Gibson, Dunn & Crutcher, Los Angeles, Cal., for defendant-appellee.

Before NORRIS, HALL and KOZINSKI, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

In United States v. Akmakjian, 647 F.2d 12, 14 (9th Cir.), cert. denied, 454 U.S. 964, 102 S.Ct. 505, 70 L.Ed.2d 380 (1981), we held that the five-year statute of limitations codified at 18 U.S.C. § 3282 was not jurisdictional and could be waived by a defendant. We are now called upon to decide whether a written agreement providing for an indefinite extension of the limitation period...

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