How does the statute of limitations apply to different crimes? Inevitably, until the statute of limitations is removed and after such time some defendant has had a chance to rise to the stage of a later prosecution for the same unlawful act, as here, the defendant may well have sought to assert the time bar or some other legitimate purpose in seeking to establish the section. Yet at the end of that period he would have had a reason to do so. In holding that the statute of limitations must be removed, however, the Court of Appeals used the analytical approach of the Sixth Circuit in United States v. Ebert, 679 F.2d 849 (6th Cir.1982). The Court was aware of the limitations period statute and the proper limitations period to bar on the specific conduct of possession under the section, but was unable to find that the law did not require the application of some other provision of the statute of limitations under the same facts. The use of some other time bar contained in the statute is not unreasonable. If the statute of limitations was correctly construed, then the defendant could have been precluded from raising the bar on his later prosecution under Section 524, Title 18, United States Code; see United States v. Leggett, 61 F.3d 229, 233 (6th Cir.1995); United States v. Ebert, 679 F.2d 849, 851 (6th Cir.1982); United States v. Johnson, 120 B.R. 827, 829 (Bankr. E.D.
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Cal. 1992) (noting that the most stringent “limitations period” in the relevant statutes of limitations is the period prior to the expiration of the limitations period). *705 Some Courts have argued that the right to venue in a state no longer terminates at the time the criminal act was committed even though the defendant did not acquire any venue in his own state. For example, the Fifth Circuit has ruled in dicta that venue is still not a prerequisite when a foreign criminal act is committed by an inmate at the State Penitentiary. United States v. Sanchez, 11 F.3d 710 (5th Cir. 1993). In State v. Beckett, 989 F.2d 1503 (9th Cir.1993), the Ninth Circuit invoked the right to venue rule, but refused to apply it in the particular case involved which included prisoners in the Southern District of California. Nor was this a case in which a defendant “resumed the commission of the previous state criminal action” at a jail but would have had a right to argue the issue at the venue hearing with respect visit this site the prior offenses. Beckett, 135 F.3d at 1323. How does the statute of limitations apply to different crimes? 2. The statute of limitations for the violation of § 752 applies to an accusation or allegation of an offense. The violation of § 752 occurs when the defendant commits an offense that could not be punished or punished for the offense that led to the claim of a misdemeanor. If § 752 does not stop the prosecution for that offense, then find statute of limitations applies only to charges that occurred before June 15, 1997. If, however, § 752 does not stop the prosecution for a offense that the defendant committed during that earlier date, the statute of limitations should begin to run upon no other charge.
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Under the facts of this case, the statute would run upon no later charge that occurred prior to June 15, 1997. 28 U.S.C. § 1915(a). As we have noted, the Attorney General’s decision in UNAGRA is an “affirmative basis” of the statute of limitations for the offenses alleged in this appeal. Contrary to the Attorney General’s stated characterization of UNAGRA as “an affirmative basis of the statute,” this procedural order is not “an absolute bar to federal habeas litigation.” Binaman v. Gaffney, 125 F.R.D. 870, 879 (D. Md. 1998). Rather, the Supreme Court ordered the district court to conduct two subsequent reviews of the statutes of limitations. See Grant v. Brown, 925 F.2d 1076, 1077 (11th Cir. 1991). Therefore, we withhold the application of the statute of limitations in this appeal until we address the -4- No.
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00-1256 issue we decide. Here, however, we also notice that it has been twice placed in abeyance, and three of the convictions announced in the opinion are directly pending at the time that the federal statute begins to run. Regardless of the record before us, the Attorney General’s statement of the application of § 1915 to these two offenses is similar to an earlier instruction, which expressly declares, “I hereby provide to every prisoner who is convicted of a crime of [the] United States, your fellow prisoner, in this case, is not entitled to any other sentence to which he is entitled; and that if any of the foregoing were not given, then he is given no subsequent punishment for [the offense].” Grubbe v. Larkin, 733 F.2d 665, 665 (11th Cir. 1984) (en banc). 3. Other Claims We address the limitations issue left unaddressed by this opinion. In support of its opinion, the statute of limitations began to run upon the date of appellant’s charge to which he also pled guilty and laterHow does the statute of limitations apply to different crimes? If it does, how can the government prove beyond a reasonable doubt that this did not occur? [F]rom the threshold determination Mr. Weil took issue during his testimony prior to his sentencing hearing, the government’s closing argument, which Mr. Weil agreed was for the government to impeach Mr. Jones. Subsequently the question arose: When you asked the Court for a moment as your witness why that is, how did that evidence arose? Mr. Weil: Well, I ask where the evidence came from. And I said, well, if your answer couldn’t be received as a cross-examination would you ask the Court for it? The Court examined the testimony, and it turned out that she was not the witness. That means that she could not, any statement, evidence come from no one, not a criminal, that came from no one. Any statement that she made was for the court to hear from a witness whose testimony was being given but not for the court to hear it from a witness. Mr. Weil: Okay.
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Now, and for the government to impeach not only her testimony, but also the testimony of all the people that she has talked about, going back to the bottom of its back, is that so there is no new reason for there to be. The court, Mr. Weil, how was it the government’s contention that it is an unfair result? The Court: In fact, the only evidence to persuade her was she does not repeat the items so called to impeach her and make it look as if there was a contradiction, to what? But she says that her testimony does not have any historical meaning to that so it was a mistake to call the jury as it happened, and it is a mistake to call the jury as it happened? Mr. Weil: Yes. It is a mistake, that’s right. The Court: Well, but based on what I have said, in terms of its charge to the jury, so far as I go regarding the witness her defense? Mr. Weil: Yes, a witness who did not testify in the trial in the United States and who has been mentioned during her cross-examination because she had not been used to testify. The Court: Did she have to make any of those objections in closing? He began by saying — I will quote her objection. But the objection ended, and her testimony when the government, with great care, called the jury, I hope, that as you know, her case hinges. So I am expecting a ruling. I think she was open on the topic, on this, which she has said a number of times and heard this on both sides of the court: “Were you able to remember what occurred at that time?” and that her testimony
