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UNITED STATES v. NISHIIE

No. 19-10405.

996 F.3d 1013 (2021)

UNITED STATES of America, Plaintiff-Appellant, v. Duane NISHIIE, aka Suh Jae Hon, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2021.

Attorney(s) appearing for the Case

Francesco Valentini (argued), Trial Attorney, Appellate Section; Robert A. Zink , Acting Deputy Assistant Attorney General; Brian C. Rabbit , Acting Assistant Attorney General; Richard B. Evans , Peter M. Nothstein , and Erica O'Brien Waymack , Trial Attorneys, Public Integrity Section; Criminal Division, United States Department of Justice, Washington, D.C.; for Plaintiff-Appellant.

De Anna S. Dotson (argued), Dana Point, California, for Defendant-Appellee.

Concurrence by Judge Schroeder

OPINION

This appeal raises a question of first impression: which of the three categories of offenses under the Wartime Suspension of Limitations Act ("WSLA"), 18 U.S.C. § 3287—fraud, property, or contract—is modified by a clause requiring a nexus between the charged criminal conduct and a specific...

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