Opinion
CRIMINAL CASE NO. H-07-188.
December 4, 2008
MEMORANDUM AND ORDER
Defendant Keith Steven Raybon filed a Motion to Dismiss Counts Two Through Twelve of the Indictment Based on the Statute of Limitations ("Motion to Dismiss") [Doc. # 153], to which the United States filed a Response [Doc. # 158]. Raybon was charged in Count One of a fourteen-count Indictment with conspiracy to commit mortgage fraud. In Counts 2-12, Defendants are charged with wire fraud in which the alleged fraud occurred prior to May 10, 2002. Defendants are charged in Counts 13-14 with wire fraud in which the alleged fraud occurred after May 10, 2002.
The Motion to Dismiss is joined by Defendants Particia Lennon, Hollys Heasley, Jeannie Nelson, and Heather Adams. See Motion to Dismiss, ¶ 4.
Raybon argues in his Motion to Dismiss that Counts 2-12 of the Indictment are barred by the five-year statute of limitations for wire fraud set forth in the general limitations statute, 18 U.S.C. § 3282(a). The wire fraud allegations in Counts 2-12, however, include the allegation that the wire fraud affected a financial institution. Consequently, the statute of limitations for Counts 2-12 is ten years, not five years. See 18 U.S.C. § 3293(2). The Indictment was returned within that limitations period and, as a result, it is hereby
ORDERED that the Motion to Dismiss [Doc. # 153] is DENIED.