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U.S. v. GARCIA

Nos. 00-2346/2395.

268 F.3d 407 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Nicholas GARCIA and John O'Valle, Jr., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 10, 2001.

Attorney(s) appearing for the Case

David J. Debold, ASSISTANT UNITED STATES ATTORNEY (argued and briefed), Office of the U.S. Attorney, Detroit, Michigan, for Plaintiff-Appellant.

David C. Thomas (argued), Chicago, Illinois, David S. Steingold (briefed), David S. Steingold Associates, Detroit, Michigan, for Nicholas A. Garcia.

Rodney J. O'Farrell (argued and briefed), Saginaw, Michigan, for John Ovalle, Jr.

BATCHELDER, J., concurred in both the opinion of the court and the separate concurrence.

Pursuant to Sixth Circuit Rule 206

OPINION

KAREN NELSON MOORE, Circuit Judge.

The government appeals the district court's decision dismissing as beyond the relevant statute of limitations the fourth superseding indictment charging defendants-appellees Nicholas Garcia and John O'Valle, Jr. (collectively referred to as "defendants") with possessing with the intent to distribute one thousand or more kilograms of marijuana in violation of 21 U.S.C. ...

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