United States v. Pascal Sylla
2015 U.S. App. LEXIS 10807
| 7th Cir. | 2015Background
- In 2003, an armed robbery occurred at a credit union in Anderson, Indiana; the robber fled after a gunfight with police.
- DNA testing later collected from a blood-stained receipt implicated Pascal Sylla in the crime.
- CODIS matched Sylla to the DNA profile; Sylla’s CODIS entry followed his 2006 federal bank robbery conviction.
- A formal DNA analysis report in December 2010 indicated a CODIS hit linking Sylla to the 2003 robbery.
- Sylla was indicted on July 16, 2013 for attempted bank robbery and discharging a firearm during the crime, arguing the five-year limitations period had run.
- The district court denied the motion to dismiss; Sylla was tried and found guilty on both counts; the conviction was appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3297 is void for vagueness as applied. | Sylla contends § 3297 is vague and unconstitutional as applied. | Government argues § 3297 is sufficiently definite and not void-for-vagueness. | § 3297 is not void-for-vagueness as applied. |
| Whether § 3297 tolling correctly extends the limitations period in this case. | Sylla argues tolling did not properly apply to extend the period. | Government asserts DNA implicates Sylla in 2010, extending the period for five years from that date. | Tolling correctly extended the limitations period; indictment within the extended window was timely. |
Key Cases Cited
- Hagler v. United States, 700 F.3d 1091 (7th Cir. 2012) (DNA-impliation tolling applies to timing of prosecution)
- Skilling v. United States, 561 U.S. 358 (S. Ct. 2010) (due process vagueness framework for notice and enforcement)
- Colautti v. Franklin, 439 U.S. 379 (Supreme Court 1979) (vagueness and notice concerns in criminal statutes)
- United States v. Brierton, 165 F.3d 1133 (7th Cir. 1999) (vagueness doctrine does not apply where law does not proscribe conduct)
- United States v. Tichenor, 683 F.3d 358 (7th Cir. 2012) (vagueness and application considerations in tolling analyses)
- Kolender v. Lawson, 461 U.S. 352 (S. Ct. 1983) (concerns about arbitrary and discriminatory enforcement)