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U.S. v. STEWART

No. 12-2395.

744 F.3d 17 (2014)

UNITED STATES of America, Appellee, v. Beth A. STEWART, Defendant, Appellant.

United States Court of Appeals, First Circuit.

February 26, 2014.

Attorney(s) appearing for the Case

Lawrence Gatei , with whom Immigration & Business Law Group, LLP was on brief, for appellant.

Renée M. Bunker , Assistant United States Attorney, with whom Thomas E. Delahanty II , United States Attorney, was on brief, for appellee.

Before HOWARD, Circuit Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

Following a bench trial on a record of stipulated facts, Defendant-Appellant Beth A. Stewart was convicted of conspiracy to defraud the United States for participating in a sham marriage to secure a change in immigration status for her spouse. She appeals, arguing that the prosecution was time-barred because she committed no overt act in furtherance of the conspiracy within the five-year period before the return of the indictment. We disagree...

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