United States v. Victor Tavarez-Levario

HAYNES, Circuit Judge:

This case presents a question of first impression for this court and our sister circuits: whether “use” of an immigration document, “knowing it to be forged, counterfeited, altered, or falsely made” or “procured by fraud or unlawfully obtained,” constitutes a “continuing offense” for statute of limitations purposes. 18 U.S.C. § 1546(a). We conclude that it is not. As a result, the indictment in this case was filed outside the applicable five-year limitations period. We therefore REVERSE the conviction of defendant Victor Tava-rez-Levario and REMAND for dismissal of the…