U.S. v. Sylla

Dist. Ct. did not err in denying defendant’s motion to dismiss under statute of limitations grounds his indictment on charge of attempted bank robbery, even though said indictment was filed approximately 10 years after date of charged offense and was filed beyond applicable 5-year limitation period for said charge. Record showed that instant indictment was filed two years after police officials matched defendant’s DNA to evidence found at scene of crime, and that police officials did not receive defendant’s DNA sample until after commission of instant offense. Moreover, instant indictment was timely under DNA tolling statute (18 USC section 3297), since it was filed within 5 years after discovery of DNA match. Ct. also rejected defendant’s claim that section 3297 was unconstitutionally vague.