United States v. Trainor

Amended Order Granting Motion To Dismiss Counts As Barred By The Statute Of Limitations 1

JORDAN, District Judge.

Enacted almost 20 years ago, 18 U.S.C. § 3292 allows for the tolling of the statute of limitations in a criminal case upon ex parte application of the government if the judge to whom the application is presented “finds by a preponderance of the evidence” (1) that the government has made an official request for evidence located in a foreign country, and (2) that “it reasonably appears, or reasonably appeared at the time the request was made, that such evidence is, or was, in such…