United States v. Stephen Gonsalves

NORRIS, Circuit Judge:

The government appeals from the district court’s order dismissing a San Diego indictment against Gonsalves on the ground that it was barred by the five-year statute of limitations. 1 The charges arose out of a scheme to import hashish from Lebanon which was aborted at the Beirut airport on August 5, 1975, five years and 56 days before the date of the indictment. 2 The government contends that the indictment was not barred because the statute of limitations was tolled for a period longer than 56 days during which Gonsalves was “fleeing from justice” under 18 U.S.C. § 3290.