U.S. v. CLAWSON

No. 95-50034.

104 F.3d 250 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Scott K. CLAWSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1996.


Attorney(s) appearing for the Case

R. Brian Timmons, Latham & Watkins, Costa Mesa, CA, and William Braniff, Latham & Watkins, San Diego, CA, for defendant-appellant.

Jeffrey Issacs & George S. Cardona, Assistant United States Attorneys, Los Angeles, CA, for the plaintiff-appellee.

Before: FARRIS, BRUNETTI and KOZINSKI, Circuit Judges.


OPINION

KOZINSKI, Circuit Judge.

We decide under what circumstances 18 U.S.C. § 3288 permits reindictment after dismissal of an indictment on statute of limitations grounds.

I

Defendant was convicted of conspiracy and mail fraud for selling and collecting premiums on nonexistent insurance. In 1987, he was Vice President for Marketing [R.T. at 527] and supervised the underwriting department [R.T. at 721] at Rubell Helm Insurance Services...

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