United States v. Frediana, No. 14-11998 (11th Cir. 2015)
Annotate this CaseDefendant was indicted on one count of conspiracy to commit aircraft parts fraud in violation of 18 U.S.C. 38(a)(1)(C), (a)(3), and two substantive counts of aircraft parts fraud in violation of 18 U.S.C. 38(a)(1)(C), seven years after he committed the crimes. On appeal, defendant argued that the “hostilities” related to the “use of the Armed Forces” "terminat[ed]” over a decade ago, id., so the Wartime Suspension of Limitations Act, 18 U.S.C. 3287, does not toll the statute of limitations for his crimes. Defendant also argued that the district court abused its discretion when it admitted “other act” evidence under Federal Rule of Evidence 404(b). Because the plain language of the Act requires a Presidential proclamation or a concurrent resolution of Congress to end the tolling of the limitations period and the district court did not abuse its discretion when it admitted the “other act” evidence, the court affirmed defendant's convictions.
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