United States v. Nelson Edward Smith

9 F.3d 1555 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Nelson Edward SMITH, Defendant-Appellant. No. 92-50577. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1993. Decided Nov. 5, 1993. 1 Before: REINHARDT, T.G. NELSON, Circuit Judges, and KAUFMAN, * District Judge. 2 MEMORANDUM ** 3 Smith's challenge to the indictment is based on his factual assertions regarding the date the conspiracy to manufacture methamphetamine allegedly ended and the date he allegedly withdrew from the conspiracy. The sufficiency of the indictment is determined only on the face of the indictment. See United States v. Lunstedt, 997 F.2d 665, 667 (9th Cir.1993); United States v. Buckner, 610 F.2d 570, 573 (9th Cir.1979), cert. denied, 445 U.S. 961 (1980). Overt Acts 16-21 alleged acts occurring during a time period prior to the statute of limitations cut-off date. 4 Because Smith's motion to dismiss the indictment was…