United States v. Rodriguez, No. 15-3699 (2d Cir. 2018)Annotate this Case
The Second Circuit denied a petition for panel rehearing of the original panel decision in United States v. Martinez, 862 F.3d 223 (2d Cir. 2017). Petitioner argued that the original panel erroneously ruled that his statute-of-limitations defense had been waived for failure to assert it at or before his trial and claimed that he had in fact raised the defense prior to trial by joining in pretrial motions asserted by a codefendant. The court held that the codefendant's motion that petitioner purported to join asserted a statute-of-limitations defense that relied on the personal conduct of that codefendant, did not mention the conduct of petitioner, did not assert the principles on which petitioner sought to rely, and asserted premises disavowed by petitioner in his appeal.