U.S. v. UPTON

No. 05-1593.

559 F.3d 3 (2009)

UNITED STATES of America, Appellee, v. George L. UPTON, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 5, 2009.


Attorney(s) appearing for the Case

Richard B. Klibaner, with whom Klibaner & Sabino, was on brief for appellant.

John-Alex Romano, Attorney, Criminal Division, United States Department of Justice, with whom Michael J. Sullivan, United States Attorney and William F. Bloomer, Assistant United States Attorney, were on brief, for appellee.

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.


HOWARD, Circuit Judge.

A jury convicted George Upton of conspiracy to commit money laundering. In this appeal, he argues that, by the time of his indictment, the statute of limitations period had run on all of his conduct except for the filing of a false tax return and the failure to file a tax return. Upton asserts that, under governing Supreme Court precedent cabining the government's ability to charge continuing conspiracies based on subsequent acts of cover-up...

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