United States Fifth Circuit

The district court clearly erred in concluding that the government proved by a preponderance of evidence that a foreign discovery request, necessary to toll the statute of limitations on defendant's offenses under 18 U.S.C. section 3292, was sent to the Bahamian government. (Revised opinion)

Appellate Information

• Decided 02/13/2003
• Published 02/14/2003

Judges

• RESTANI, Judge:, Before WIENER and STEWART, Circuit Judges, and RESTANI, Judge.  

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Tony Ray Roberts, McAllen, TX, James Lee Turner, Asst. U.S. Atty., Mary Jane Harmon, Houston, TX, for Plaintiff-Appellee., Jack B. Zimmermann, Jim E. Lavine, Terri Raye Zimmermann Jacobs, Zimmermann & Lavine, Houston, TX, for Defendant-Appellant.