United States v. Richard Titterington

SUTTON, J.,- delivered the opinion of the court, in which BOGGS, C.J., joined. NELSON, J. (p. 460), delivered a separate opinion concurring in the judgment and in the opinion of. the court.

SUTTON, Circuit Judge.

As this case comes to the court, all agree that a federal indictment need not specifically state that the charged offenses occurred within the pertinent statute-of-limitations period; it suffices that the indictment alleges facts establishing that the offense occurred within the limitations period. What happens, however, when the Government obtains permission to toll the limitations…