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U.S. v. WEISS

Docket No. 93-1490.

7 F.3d 1088 (1993)

UNITED STATES of America, Appellee, v. Sholam WEISS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 22, 1993.

Attorney(s) appearing for the Case

Michael E. Horowitz, Asst. U.S. Atty. S.D.N.Y., New York City (Mary Jo White, U.S. Atty., of counsel), for appellee.

James R. DeVita, New York City (Melorra I. Sochet, Gallop, Dawson, Clayman & Rosenberg, New York City, of counsel), for defendant-appellant.

Before: VAN GRAAFEILAND, PRATT, and WALKER, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This motion presents an issue of first impression in this circuit: whether a district court's pretrial order denying a defendant's motion to dismiss an indictment on statute-of-limitations grounds is immediately appealable under the "collateral order" doctrine.

FACTS AND BACKGROUND

On October 21, 1992, a grand jury returned an indictment charging Sholam Weiss with seven counts...

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