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U.S. v. RABHAN

No. 07-60599.

540 F.3d 344 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Erwin David RABHAN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 11, 2008.

Attorney(s) appearing for the Case

Curtis Ivy, Asst. U.S. Atty., Oxford, MS, for U.S.

Kenneth Harold Coghlan (argued), Rayburn Coghlan Law Firm, Oxford, MS, for Rabhan.

Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant United States of America ("the government") appeals the district court's denial of its motion to reconsider the dismissal of Count Eight of an indictment against Defendant-Appellee Erwin David Rabhan that charged Rabhan with aiding and abetting a violation of 18 U.S.C. § 1014 (2000). The district court, applying the five-year statute of limitations contained in 18 U.S.C. § 3282(a), concluded that the limitations...

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