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Keywords

statutestatute of limitations

defendantstatutestatute of limitationsgrand jury

Related Cases

Tavarez-Levario; U.S. v.

Facts

Victor Tavarez-Levario, a citizen of Mexico, was indicted for using a counterfeit I-551 (green card) and Social Security card to obtain employment. The indictment was based on events that occurred on February 2, 2009, but was not filed until March 26, 2014, exceeding the five-year statute of limitations. The government argued that the use of the counterfeit documents constituted a continuing offense, which Tavarez contested.

On March 26, 2014, Victor Tavarez-Levario ('Tavarez'), a citizen of the Republic of Mexico, was indicted by a federal grand jury for having knowingly used, possessed, obtained, accepted, and received a counterfeit I-551 ('green card') and counterfeit Social Security card in violation of 18 U.S.C. 1546(a).

Issue

Whether the 'use' of a counterfeit immigration document under 18 U.S.C. 1546(a) constitutes a continuing offense for statute of limitations purposes.

The only issue before us is whether or not 'use' of a counterfeit immigration document under 1546(a) is a continuing offense.

Rule

The doctrine of continuing offenses applies only in limited circumstances, specifically when the explicit language of the statute compels such a conclusion or when the nature of the crime indicates that Congress intended it to be treated as a continuing offense.

'[S]tatutes of limitations normally begin to run when the crime is complete.' Toussie v. United States, 397 U.S. 112, 115, 90 S. Ct. 858, 25 L. Ed. 2d 156 (1970) (quoting Pendergast v. United States, 317 U.S. 412, 418, 63 S. Ct. 268, 87 L. Ed. 368 (1943)) (internal quotation marks omitted), superseded by statute, Act of Sept. 28, 1971, Pub. L. No. 92-129, 101(a)(31), 85 Stat. 348, 352-53 (codified as amended at 50 U.S.C. app. 462(d)). However, the 'doctrine of continuing offenses' presents a qualification to the general operation of this principle.

Analysis

The court analyzed the statutory language of 1546(a) and concluded that it did not indicate that the offense was a continuing one. The court noted that the nature of the crime did not present an ongoing threat of harm that would justify extending the statute of limitations. The court emphasized that the indictment was filed outside the five-year period, and thus, the conviction could not stand.

In light of the important role played by statutes of limitations, the Supreme Court has stated that ' the doctrine of continuing offenses should be applied in only limited circumstances since . . . the tension between the purpose of a statute of limitations and [**7] the continuing offense doctrine is apparent; the latter, for all practical purposes, extends the statute beyond its stated term.'

Conclusion

The Fifth Circuit reversed the conviction of Tavarez-Levario and remanded the case with instructions to dismiss the indictment due to the expiration of the statute of limitations.

We therefore REVERSE the conviction of defendant Victor Tavarez-Levario and REMAND for dismissal of the indictment.

Who won?

Victor Tavarez-Levario prevailed in the case because the court found that the indictment was not timely filed within the statute of limitations period.

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