District court erred in dismissing indictment count as barred by statute of limitations where count alleged continuing conspiracy

STATUTE OF LIMITATIONS United States v. Qayyum, No. 04-1509, ___ F.3d ___ (10th Cir. Jul. 6, 2006)(Colorado). Government appeal of district court’s dismissal of indictment count alleging conspiracy to defraud United States for purpose that inadmissible alien would unlawfully enter and remain in United States in violation of 18 U.S.C. § 371. HELD: District court erred in dismissing conspiracy count as barred by statute of limitations. Where count charged that purpose and object of conspiracy was for defendants to assist alien to enter and remain in United States, count alleged continuing conspiracy. Thus, false statements given to government agents more than five years after alien’s fraudulent entry to United States constituted overt acts of concealment made in furtherance of objective of continuing conspiracy to assist alien to remain in United States. Read the opinion here.