United States v. Marge Garcia, United States of America v. Andro Garcia

INTRODUCTION

On May 15, 1986, Andró Garcia and Marge Garcia were indicted for kidnapping and aiding and abetting kidnapping. 18 U.S.C. §§ 1201 (a); 2(a). The indictment charged that the kidnapping began on "a date unknown” and continued “to on or about May 20, 1981.” The Garcias challenged the indictment as time-barred by the federal five year statute of limitations. 18 U.S.C. § 3282 . The district court rejected the challenge. Trial by jury was waived and the defendants were convicted of the offense.

On appeal, the Garcias renew their contention that their prosecution is barred by limitations. That question presents two subsidiary issues, one a novel question of law and the other a related question of fact. They are: (1) whether the federal offense of kidnapping is completed at the time of abduction and transport across a state or national line, or whether it is a continuing offense that lasts as long as the victim is held; and (2) if the offense is continuing, whether the evidence supports a finding that Marge Garcia held or aided in holding the victim at any time after May 15, 1981, so as to bring her offense within the five year period. Because the government’s theory is…