United States v. Marge Garcia, United States of America v. Andro Garcia

CANBY, Circuit Judge:

INTRODUCTION

On May 15, 1986, Andró Garcia and Marge Garcia were indicted for kidnapping and aiding and abetting kidnapping. 18 U.S.C. §§ 1201(a); 2(a). The indictment charged that the kidnapping began on "a date unknown” and continued “to on or about May 20, 1981.” The Garcias challenged the indictment as time-barred by the federal five year statute of limitations. 18 U.S.C. § 3282. The district court rejected the challenge. Trial by jury was waived and the defendants were convicted of the offense.

On appeal, the Garcias renew their contention that their prosecution is…