United States v. Sami Fayez S. Aburahmah

34 F.3d 1074 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sami Fayez S. ABURAHMAH, Defendant-Appellant. No. 93-10539. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 9, 1994. Decided Aug. 25, 1994. Before: NORRIS, THOMPSON and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Sami Fayez S. Aburahmah challenges his conviction under 18 U.S.C. Sec. 1201 for kidnapping. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 * Aburahmah first argues we should overturn his conviction because the five year statute of limitations set out in 18 U.S.C. Sec. 3282 had run long before he was indicted. His trial attorney, however, did not raise the statute of limitations as a defense at trial. We have held that "the statute of limitations is an affirmative defense ... and cannot be raised for the first time on appeal." Roberts v. College of the Desert, 870 F.2d 1411, 1414 (9th Cir.1988). Thus, we will…