United States v. Martinez

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on the Motion to Dismiss the Indictment as Barred by the Statute of Limitations, 18 U.S.C. § 3282(a), and Supporting Memorandum, filed June 20, 2006 (Doc. 39)(“Mo-tion to Dismiss”). The Court held a hearing on this motion on August 17, 2006. The primary issues are: (i) whether Congress intended the statute of limitations for first-degree murder on the San Juan Pueblo to be five years or indefinite; and (ii) whether, if the Court determines that the applicable statute of limitations is five years, the…