United States v. Cynthia M. Stoner

U.S. Court of Appeals for the Tenth Circuit
United States v. Cynthia M. Stoner, 139 F.3d 1343 (10th Cir. 1998)
1998 WL 163659

United States v. Cynthia M. Stoner

Opinion

ORDER

PER CURIAM.

We granted rehearing en banc in this case on the question:

For statute of limitations purposes, must an indictment charging a conspiracy under 18 U.S.C. § 371 allege at least one specific overt act occurring within the limitations period established by 18 U.S.C. § 3282?

Because we are evenly divided, we affirm the district court’s judgment on this issue. *1344 That portion of the panel opinion which addressed this issue and which is found at II.B. of the opinion, United States v. Stoner, 98 F.3d 527, 531-538 (10th Cir. 1996), is without precedent. Ohio ex rel. Eaton v. Price, 364 U.S. 263, 263-264, 80 S.Ct. 1463, 1463-1464, 4 L.Ed.2d 1708 (1960); United States v. Rivera, 874 F.2d 754 (10th Cir. 1989). The panel opinion is otherwise undisturbed.

The judgment of the district court is AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellant, v. Cynthia M. STONER, Defendant-Appellee
Cited By
5 cases
Status
Published