United States Seventh Circuit

Dismissal of an indictment for the crime of being "found in" the United States after deportation is reversed where: 1) the date on which the immigration agency "should have discovered" the alien is irrelevant, for purposes of the limitations period; and 2) the indictment at issue was timely whether the limitations period commenced when immigration authorities actually "discovered" defendant's presence, identity, and status or when they arrested him, interrupting his illegal conduct.

Appellate Information

• Argued 11/01/2006
• Decided 08/09/2007
• Published 08/09/2007

Judges

• SYKES, Circuit Judge., Before KANNE, EVANS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Christopher P. Hotaling (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Gabriel B. Plotkin (argued), Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellee.