Legal Opinion

United States v. David S. O'Bryant

Court of Appeals for the First Circuit

Decided June 29, 1993No. 91-2132PublishedCited by 89 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This appeal raises an interesting question: Do charges brought in a .superseding indictment relate back to the filing date of the original indictment for limitations purposes? In this case, where the later indictment contained charges against the defendant virtually identical to those contained'in the earlier indictment, we answer the question affirmatively. And, we uphold the judgment below.

I

Background

Inasmuch as the jury found the defendant guilty, we present the facts in the light most hospitable to the prosecution’s case, consistent with record support.

In 1985, the…

2Cases cited28 opinions

  1. Richardson v. MarshSupreme Court of the United States · 1987
  2. Zafiro v. United StatesSupreme Court of the United States · 1993
  3. Opper v. United StatesSupreme Court of the United States · 1954
  4. Toussie v. United StatesSupreme Court of the United States · 1970
  5. United States v. BoylanCourt of Appeals for the First Circuit · 1990

23 more not listed; retrieve them via the Exa API.

3Cited by89 opinions

  1. United States v. BrandonCourt of Appeals for the First Circuit · 1994
  2. United States v. HoulihanCourt of Appeals for the First Circuit · 1996
  3. United States v. Thomas S. Ross and John ColloriCourt of Appeals for the Seventh Circuit · 1996
  4. United States v. Luiz Ben ZviCourt of Appeals for the Second Circuit · 2001
  5. United States v. PierroCourt of Appeals for the First Circuit · 1994

84 more not listed; retrieve them via the Exa API.

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