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U.S. v. MORGAN

No. 90-1054.

922 F.2d 1495 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Phillip Rae MORGAN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 10, 1991.

Attorney(s) appearing for the Case

Joseph Mackey, Asst. U.S. Atty., D. of Colorado, and Robert J. Erickson, Dept. of Justice, Washington, D.C. (Michael J. Norton, U.S. Atty., D. of Colorado, with them on brief), Washington, D.C., for plaintiff-appellant.

Charles Szekely, Asst. Federal Public Defender, Denver, Colo. (Michael G. Katz, Federal Public Defender, with him on brief), Denver, Colo., for defendant-appellee.

Before LOGAN, EBEL, Circuit Judges, and RUSSELL, District Judge.

EBEL, Circuit Judge.

The government appeals the dismissal of appellee's federal indictment which the district court held was returned outside the five-year statute of limitations for non-capital crimes. In this appeal we consider the issue whether a fugitive from state justice who subsequently commits an unrelated federal offense is precluded from invoking the federal statute of limitations on the subsequent crime because his flight from state justice tolled the statute...

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