United States Ninth Circuit

Land developer and building contractor unsuccessfully appeals his conviction for mail fraud, wire fraud, and theft arising from the diversion of construction loan proceeds. Where, as here, the original indictment was timely returned, 18 U.S.C. section 3288 allows reindictment within the grace period, where a Speedy Trial Act dismissal after the statute of limitations' expiration is without prejudice.

Appellate Information

• Argued 03/08/2004
• Decided 04/09/2004
• Published 04/09/2004

Judges

• WEINER, Senior District Judge:, Before:  HALL and GRABER, Circuit Judges, and WEINER, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Dennis P. Riordan,Riordan & Horgan, San Francisco, CA, for the defendant-appellant., Lawrence J. Leigh, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.