U.S. v. JOHNSTON

No. CR-88-0438 MHP.

699 F.Supp. 226 (1988)

UNITED STATES of America, Plaintiffs, v. Lyman T. JOHNSTON, Defendant.

United States District Court, N.D. California.

October 19, 1988.


Attorney(s) appearing for the Case

Joseph P. Russoniello, U.S. Atty., John D. Lyons, Jr., Asst. U.S. Atty., San Francisco, Cal., for plaintiffs.

John G. Milano, San Francisco, Cal., for defendant.


OPINION

PATEL, District Judge.

Defendant, charged under the Assimilative Crimes Act ("the Act"), 18 U.S.C. § 13, brought this motion under Federal Rule of Criminal Procedure 12(b) to dismiss count one of the indictment as barred by the applicable statute of limitations. Having considered the oral and written submissions of the parties, for the reasons stated below, the court finds that the federal statute of limitations, 18 U.S.C. § 3282, and not...

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