Legal Opinion
United States v. Sears, Roebuck & Company, Inc.
Court of Appeals for the Ninth Circuit
Decided March 25, 1986No. 84-5296PublishedCited by 117 opinions
1Per curiam
The government appeals the dismissal of the superseding indictment on the ground that it broadened the original indictment and was therefore barred by the five year statute of limitations contained in 18 U.S.C. § 3282. We reverse and remand this case for assignment to a different judge.
I
Once an indictment is returned the statute of limitations is tolled as to the charges contained in the indictment. United States v. Wilsey, 458 F.2d 11, 12 (9th Cir.1972). A superseding indictment returned while the first indictment is pending is timely unless it “broaden[s] or substantially amend[s]” the…
2Cases cited19 opinions
- United States v. Raymond RobinCourt of Appeals for the Second Circuit · 1977
- United States v. Steven W. ArnettCourt of Appeals for the Ninth Circuit · 1979
- United States v. John DoeCourt of Appeals for the Ninth Circuit · 1981
- United States v. Dominic Phillip Brooklier, Samuel Orlando Sciortino, Louis Tom Dragna, Michael Rizzitello, and Jack LociceroCourt of Appeals for the Ninth Circuit · 1982
- United States v. Lawrence RoseCourt of Appeals for the Ninth Circuit · 1978
14 more not listed; retrieve them via the Exa API.
3Cited by117 opinions
- Hernandez v. City of El MonteCourt of Appeals for the Ninth Circuit · 1998
- In Re Matter of Stephen Yagman, Jerry Brown and Gerry Fleischer v. Michael Baden and Sidney WeinbergCourt of Appeals for the Ninth Circuit · 1986
- Stephen Yagman v. Republic Insurance Cna Insurance Valley Forge InsuranceCourt of Appeals for the Ninth Circuit · 1993
- HENRY A. v. WilldenCourt of Appeals for the Ninth Circuit · 2012
- Mitchell v. MaynardCourt of Appeals for the Tenth Circuit · 1996
112 more not listed; retrieve them via the Exa API.