United States v. Leaver

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

On July 23, 2004, Jonathan Leaver was arrested while on a layover in Hawaii. Leaver is charged in a four-count indictment with mail fraud, wire fraud, and bank fraud, in violation of 18 U.S.C. §§ 1341, 1342 and 1344. The charges in the indictment arise out of events that are alleged to have taken place in 1993. Leaver now-moves to dismiss the indictment on the grounds that the government has violated his Sixth Amendment right to a speedy trial and his Fifth Amendment due process rights, and that the statute of limitations has expired.

I…