18 U.S.C. § 3297
Cases involving DNA evidence
In a case in which DNA testing implicates an identified person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has elapsed that is equal to the otherwise applicable limitation period.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 2007–2023 · leading case: United States v. Alexsi Lopez
United States v. Alexsi Lopez (2017)
“Lopez also argues that his prosecution was untimely under the ordinary five-year statute of limitations for a Hobbs Act robbery, and that 18 U.S.C. § 3297 , which extends the limitations period in certain cases involving DNA testing, *206 does not apply.”
United States v. Miller (2018)
“108-405, § 204 , 118 Stat 2260, 2271 (2004) (explaining that "[t]he amendments made by this section [ 18 U.S.C. § 3297 ] shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section if the applicable limitation period has…”
United States v. Pascal Sylla (2015)
“Sylla appeals, arguing that the federal DNA tolling statute, 18 U.S.C. § 3297 , is unconstitutional as applied to his case.”
United States v. Diosme Fernandez Hano (2019)
“WILLIAM PRYOR, Circuit Judge: *1280 This appeal requires us to decide two questions of first impression for our Circuit: (1) whether a five-year statute of limitations for a defendant implicated by DNA testing, 18 U.S.C. § 3297 , permits indictment within five years of that…”
United States v. Martinez (2007)
“See 18 U.S.C. § 3297 . When a defendant is indicted for an offense under Chapter 109A of Title 18, an indictment of an unknown individual will be sufficient to toll the statute of limitations if it includes a description of the individual’s DNA profile.”
United States v. William Hagler (2012)
“Specifically, 18 U.S.C. § 3297 provides: In a case in which DNA testing implicates an identified person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time…”
Citizens for Responsibility & Ethics in Wash. v. Fed. Election Comm'n (2018)
“3d at 1096-97 (emphasis added) (quoting 18 U.S.C. § 3297 ). Concluding that this statute was not "vague," the court held that it operated to toll the otherwise applicable limitations period for criminal prosecutions until DNA testing "implicate[s] someone of a crime" by…”
Lyons v. United States (2011)
“§ 3297 (2006)) (“The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section if the applicable limitation period has not yet expired.”
SYLLA v. United States (2023)
“Sylla appealed, arguing that the federal DNA tolling statute, 18 U.S.C. § 3297 ,1 is unconstitutional as applied to his case, but on June 25, 2015, the Seventh Circuit rejected this argument and affirmed his conviction.”
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