Legal Opinion

United States v. DeLia

Court of Appeals for the Tenth Circuit

Decided October 29, 2018No. 17-7051PublishedCited by 10 opinions

1Opinion of the Court

PHILLIPS, Circuit Judge.

A federal grand jury indicted Steven DeLia on one count of healthcare fraud . See 18 U.S.C. § 1347 . But the government filed the indictment outside the ordinarily applicable statute of limitations-that is, more than five years after DeLia's charged conduct occurred. See 18 U.S.C. § 3282 (a). Even so, for two independent reasons, the government argues that the indictment was timely: (1) that the Wartime Suspension of Limitations Act suspended the limitations period from running in this case , see 18 U.S.C. § 3287 ; and (2) that DeLia waived his asserted…

2Cases cited20 opinions

  1. United States v. MarionSupreme Court of the United States · 1971
  2. Toussie v. United StatesSupreme Court of the United States · 1970
  3. Musacchio v. United StatesSupreme Court of the United States · 2016
  4. Stogner v. CaliforniaSupreme Court of the United States · 2003
  5. United States v. GottfriedCourt of Appeals for the Second Circuit · 1948

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3Cited by10 opinions

  1. Andrew Dollard v. Gary WhisenandCourt of Appeals for the Seventh Circuit · 2019
  2. United States v. Duane NishiieCourt of Appeals for the Ninth Circuit · 2021
  3. United States v. PietteCourt of Appeals for the Tenth Circuit · 2022
  4. Andrew Dollard v. Gary WhisenandCourt of Appeals for the Seventh Circuit · 2019
  5. Burnett v. United StatesDistrict Court, N.D. Alabama · 2021

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