Legal Opinion
United States v. Sholam Weiss
Court of Appeals for the Second Circuit
Decided October 22, 1993No. Docket 93-1490PublishedCited by 30 opinions
1Opinion of the Court
GEORGE C. PRATT, Circuit Judge:
This motion presents an issue of first impression in this circuit: whether a district court’s pretrial order denying a defendant’s motion to dismiss an indictment on statute-of-limitations grounds is immediately appeal-able under the “collateral order” doctrine.
FACTS AND BACKGROUND
On October 21, 1992, a grand jury returned an indictment charging Sholam Weiss with seven counts of mail and wire fraud based on conduct that took place in late October and early November 1987. At the government’s request, the indictment was sealed on the same day it was returned. Two…
2Cases cited11 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Abney v. United StatesSupreme Court of the United States · 1977
- Stack v. BoyleSupreme Court of the United States · 1952
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Digital Equipment Corp. v. Desktop Direct, Inc.Supreme Court of the United States · 1994
- In Re Adelphia Communications Corp.District Court, S.D. New York · 2005
- Alaska v. United StatesCourt of Appeals for the Ninth Circuit · 1995
- North Fork Bank v. AbelsonDistrict Court, E.D. New York · 1997
- Alexander v. Bank of Woodstock (In Re Alexander)District Court, S.D. New York · 2000
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