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U.S. v. HANO

No. 18-10510.

922 F.3d 1272 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Diosme Fernandez HANO, Reinaldo Arrastia-Cardoso, a.k.a. Reinaldo Arrastia, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 30, 2019.

Attorney(s) appearing for the Case

Colin P. McDonell , Linda Julin McNamara , U.S. Attorney Service — Middle District of Florida, U.S. Attorney's Office, TAMPA, FL, for Plaintiff-Appellee.

Joseph Asher Davidow , Willis & Davidow, LLC, NAPLES, FL, for Defendant-Appellant DIOSME FERNANDEZ HANO.

Burt H. Stutchin , Attorney, Law Office of Burt H. Stutchin, PUNTA GORDA, FL, for Defendant-Appellant REINALDO ARRASTIA-CARDOSO.

Before WILLIAM PRYOR and NEWSOM, Circuit Judges, and ROSENTHAL, District Judge.

This appeal requires us to decide two questions of first impression for our Circuit: (1) whether a five-year statute of limitations for a defendant implicated by DNA testing, 18 U.S.C. § 3297, permits indictment within five years of that testing regardless of whether the limitation period otherwise applicable to...

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