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U.S. v. O'BRYANT

No. 91-2132.

998 F.2d 21 (1993)

UNITED STATES of America, Appellee, v. David S. O'BRYANT, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 29, 1993.

Attorney(s) appearing for the Case

Frank J. McGee, for defendant, appellant.

Carole S. Schwartz, Sp. Asst. U.S. Atty., with whom A. John Pappalardo, U.S. Atty., and James B. Farmer, Asst. U.S. Atty., were on brief, for the U.S.

Before SELYA, CYR and BOUDIN, Circuit Judges.

SELYA, Circuit Judge.

This appeal raises an interesting question: Do charges brought in a superseding indictment relate back to the filing date of the original indictment for limitations purposes? In this case, where the later indictment contained charges against the defendant virtually identical to those contained in the earlier indictment, we answer the question affirmatively. And, we uphold the judgment below.

I.

Background

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