U.S. v. DUNNE

No. 01-4147.

324 F.3d 1158 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Terrence DUNNE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 1, 2003.


Attorney(s) appearing for the Case

Stewart C. Walz, Assistant United States Attorney, (Paul M. Warner, United States Attorney, Diana Hagen, Assistant United States Attorney, with him on the brief), Salt Lake City, Utah, for Plaintiff-Appellant.

Donald D. Hackney, Hackney, Hamilton & Carroll, Spokane, Washington, for Defendant-Appellee.

Before BRISCOE, Circuit Judge, BRORBY, Senior Circuit Judge, and MURPHY, Circuit Judge.


MURPHY, Circuit Judge.

I. INTRODUCTION

The United States appeals from the district court's dismissal of a superseding indictment charging defendant Terrence Dunne ("Dunne") with making a false statement within the jurisdiction of the Securities and Exchange Commission ("SEC"), in violation of 18 U.S.C. § 1001. The district court dismissed the indictment for failure to charge within the applicable five-year statute of limitations. This court exercises...

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