United States v. Crispin Mendoza

979 F.2d 856 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Crispin MENDOZA, Defendant-Appellant. No. 91-10577. United States Court of Appeals, Ninth Circuit. Submitted Nov. 4, 1992. * Decided Nov. 19, 1992. Before GOODWIN, FARRIS and PREGERSON, Circuit Judges. 1 MEMORANDUM ** 2 Crispin Mendoza ("Mendoza") appeals his conviction for conspiring to submit a false immigration application in violation of 18 U.S.C. § 371 . Over defense counsel's objection, the district court declined to give the jury an instruction on the statute of limitations in this case, ruling that the statute of limitations had not been put at issue by the defense. The district court gave an unrequested instruction on withdrawal from conspiracy. We affirm. STATUTE OF LIMITATIONS INSTRUCTION 3 Prosecution for conspiracy is subject to a five-year statute of limitations which runs from the date of the last overt act. 18 U.S.C. § 3282 . To convict a…