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U.S. v. KOONIN

No. 02-50350.

361 F.3d 1250 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred J. KOONIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2004.

Attorney(s) appearing for the Case

Leo Branton, Jr., Los Angeles, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney, Shane P. Harrigan, Assistant United States Attorney, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before: NOONAN, TALLMAN, and RAWLINSON, Circuit Judges.

RAWLINSON, Circuit Judge:

The question we must decide is whether the statute of limitation begins to run on the day of the last overt act in furtherance of a conspiracy, or the following day. Agreeing with the Second and Eleventh Circuits, we hold that when computing the time within which a prosecution for conspiracy may be commenced, the statute of limitation begins to run the day after the last overt act is committed.1 Our holding...

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