18 U.S.C. § 3281

Capital offenses

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An indictment for any offense punishable by death may be found at any time without limitation.

Notes of Decisions
Cited in 177 cases (7 in the last 5 years), 1950–2026 · leading case: Agency Holding Corp. v. Malley-Duff & Assocs., Inc., 483 U.S. 143 (1987).
Agency Holding Corp. v. Malley-Duff & Assocs., Inc., 483 U.S. 143 (1987). · cites it 4× “If no statute specifically defines a limitations period (or prescribes the absence of a limitations period, see 18 U. S. C. § 3281 ) for a particular offense, a "catchall" statute operates to forbid prosecution, trial, or punishment "unless the indictment is found or the…”
United States v. Murphy, 100 F.4th 1184 (10th Cir. 2024). · cites it 5× “See 18 U.S.C. § 3281 (“An indictment for any offense punishable by death may be found at any time without limitation.”
United States v. Payne, 591 F.3d 46 (2d Cir. 2010). · cites it 3× “We concluded that § 1959(a)(l)’s prohibition against murder in aid of racketeering activity “describes an offense ‘punishable by death’ within the meaning of 18 U.S.C. § 3281 ,” 97 Fed.Appx. at 360 , despite the defendant’s contention that “none of the aggravating factors which…”
United States v. Seale, 542 F.3d 1033 (5th Cir. 2008). · cites it 8× “First, 18 U.S.C. § 3281 creates an unlimited period for indictment of capital offenses, which are defined as those punishable by death, and second, 18 U.”
United States v. Martinez, 505 F. Supp. 2d 1024 (D.N.M. 2007). · cites it 18× “18 U.S.C. § 3281 is entitled “Capital offenses,” and states: “An indictment for any offense punishable by death may be found at any time without limitation.”
United States v. Brown, 422 A.2d 1281 (D.C. 1980). · cites it 5× “Code 1973, §§ 22-2801, -3202, -501, are subject to the general statutes of limitation prescribed in 18 U.S.C. §§ 3281 , 3282 (1976), and if so, whether rape is a capital offense subject to no limitation ( 18 U.”
United States v. Provenzano, 423 F. Supp. 662 (S.D.N.Y. 1976). · cites it 5× “The first, 18 U.S.C. § 3281 applies to “[cjapital offenses” and provides *664 An indictment for any offense punishable by death may be found at any time without limitation .”
Dickey v. Florida, 398 U.S. 30 (1970). · cites it 2× “None exists, for example, in prosecutions of federal capital offenses, 18 U. S. C. § 3281 . And, even when there is an applicable statute, its limits are subject to change at the will of the legislature, and they are not necessarily co-extensive with the limits set by the Speedy…”
United States v. Guerrero, 813 F.3d 462 (2d Cir. 2016). · cites it 2× “Guerrero’s § 848(e)(1)(A) prosecution is therefore governed by 18 U.S.C. § 3281 , which provides that “[a]n indictment for any offense punishable by death may be found at any time without limitation.”
Skaftouros v. United States, 667 F.3d 144 (2d Cir. 2011). “See 18 U.S.C. § 3281 (“An indictment for any offense punishable by death may be found *150 at any time without limitation.”
United States v. John Peter McGoff, 831 F.2d 1071 (D.C. Cir. 1987). · cites it 2× “Although Congress indisputably enjoys power to provide no statute of limitations, see 18 U.S.C. § 3281 (no statute of limitations for capital offenses); 1 C.”
Judge v. United States, 119 F. Supp. 3d 270 (D.N.J. 2015). “Offenses punishable by death are instead subject to 18 U.S.C. § 3281 , which provides that an “indictment for any offense punishable by death .”
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