Clevon Webster v. United States
Question not identified.
STION PRESEN TED In its decision below, the Eleventh Circuit held that the gove rnment tolls – i.e. susp ends – the statute of limitations by filing an informati on in the district cour t, even when it fails to gi ve a de fendant any noti ce of this filing. The Eleventh Circuit also held that the word “institute” means that the filing of an informati on tolls the statute of limitations -regardless of whether a person char ged with a felony waived his right to prosecution by indictme nt. This latte r ruling is consi stent with holdi ngs in three othe r Circuits, but it is at odds wi th thi s Cour t’s interpretation of the wor d “institute” in Jaben v. Un ited States, 381 U.S. 214 (1965). All the above rulings confli ct with this Cour t’s oft-repeated principle that statute s of limitations should be liberally interpreted in favor of repose. This Cour t should grant certiorari review to addr ess the followi ng question: does the filing of an informati on toll the statute of limitations, even when the defendant received no notice of this informati on, and di d not wai ve prosecution by gr and jur y indictme nt? i INTERESTED PARTIES There are no