United States v. Stephen Gonsalves

The government appeals from the district court’s order dismissing a San Diego indictment against Gonsalves on the ground that it was barred by the five-year statute of limitations. The charges arose out of a scheme to import hashish from Lebanon which was aborted at the Beirut airport on August 5, 1975, five years and 56 days before the date of the indictment. The government contends that the indictment was not barred because the statute of limitations was tolled for a period longer than 56 days during which Gonsalves was “fleeing from justice” under 18 U.S.C. § 3290 .

I.

18 U.S.C. § 3290 provides: “No statute of limitations shall extend to any person fleeing from justice.” To take advantage of the tolling effect of § 3290, the prosecution must “prove that the accused concealed himself with the intent to avoid arrest or prosecution.” United States v. Ballesteros-Cordova, 586 F.2d 1321, 1323 (9th Cir. 1978). “[T]o meet this burden, the prosecution need only prove that the defendant knew that he was wanted by the police and that he failed to submit to arrest.” Id. The district court found that the government had failed to prove Gonsalves knew about the San Diego charges before the…