United States Seventh Circuit

Conviction for failure to report to serve a sentence for fraud, tax evasion and racketeering is affirmed where: 1) failure to report for imprisonment is a continuing offense, thus the statute of limitations did not commence until defendant's capture; 2) regardless of whether it is a continuing offense, statutes of limitation do not extend to those fleeing justice; and 3) exclusion of evidence concerning defendant's health was proper, since the defense of impossibility based on a medical condition was unavailable. The case is remanded for resentencing where an obstruction of justice enhancement was improper since there had been no significant further obstruction beyond the defendant's ongoing attempts to evade capture.

Appellate Information

• Decided 11/02/2006
• Published 11/02/2006

Judges

• EASTERBROOK, Circuit Judge., Before COFFEY, EASTERBROOK, and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Brandon Fox, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Alfred Elliott, Federal Correctional Institution (Low), Forrest City, AR, for Defendant-Appellant.