Mostafa
United States v. Mostafa
Opinion
Lead Opinion
MEMORANDUM **
Mohamad Mostafa appeals his 44-month sentence imposed following a bench trial conviction for conspiracy, in violation of 18 U.S.C. § 371 , misbranding food, in violation of 21 U.S.C. §§ 33100 & 333(a)(2), and trafficking in counterfeit goods, in violation of 18 U.S.C. § 2320 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.
Mostafa contends that the district court lacks jurisdiction over his case because the indictment was untimely filed under 18 U.S.C. § 3282 . The district court properly found the statute of limitations was tolled under 18 U.S.C. § 3290 because Mostafa fled justice by leaving the country. See United States v. Fowlie, 24 F.3d 1070, 1072 (9th Cir.1994) (deciding that failure to return to one’s home once a defendant learns that he was wanted by police combined with changing place of residence and business is sufficient conduct to toll the statute of limitations under 18 U.S.C. § 3290 ); United States v. Wazney, 529 F.2d 1287, 1289 (9th Cir.1976) (deciding that knowing one is wanted by the police and fading to submit to arrest is sufficient to establish the requisite specific intent under § 3290).