United States v. Pfluger, No. 11-10747 (5th Cir. 2012)
Annotate this CaseThis appeal arose out of the Government's indictment of Defendant for frauds Defendant committed while serving as a Lieutenant Colonel in the United States Army in Iraq. At issue on appeal was the applicability of 18 U.S.C. 3287. Better known as the Wartime Suspension of Limitations Act, section 3284 suspends the running of the statute of limitations for certain crimes when the United States is at war. Defendant moved to dismiss the indictment based on the expiration of the statute of limitations, which the district court denied based on the applicability of section 3287. Defendant entered a conditional guilty plea and appealed, arguing that the termination clause in the Act prevented the Government's indictment of Defendant. The Fifth Circuit affirmed, holding that since neither Congress nor the president met the formal requirements for terminating the Act's suspension of limitations as of the date of when the last of Defendant's criminal conduct occurred, section 3287 applies to Defendant, and accordingly, the Government's indictment in this case was valid.
The court issued a subsequent related opinion or order on June 26, 2012.
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