United States v. Yunier Moreno Rojas
2013 U.S. App. LEXIS 12537
| 11th Cir. | 2013Background
- Rojas appeals district court’s denial of his motion to dismiss the marriage-fraud indictment on statute-of-limitations grounds.
- Indictment issued April 27, 2012, charging marriage fraud under 8 U.S.C. §1325(c) and a DHS false-statement offense under 18 U.S.C. §1001(a)(2).
- Marriage occurred on April 23, 2007, the alleged completion date for §1325(c) under the government’s theory.
- Marino’s 2009 immigration applications and accompanying documents indicated a marriage for residency; ICE interviews in August and September 2009 yielded inconsistent answers and admissions of fraud.
- District court denied the motion to dismiss; Marino’s charges were dismissed; Rojas was tried, convicted, and sentenced to probation, leading to this appeal.
- Court concludes the marriage-fraud offense is complete on the date of marriage, making the government’s indictment time-barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1325(c) marriage fraud is complete at the date of marriage for SOL purposes | Rojas: completed on April 23, 2007 | Government: completion not until later interview date | Complete on the marriage date; indictment barred by five-year limit |
Key Cases Cited
- United States v. Gilbert, 136 F.3d 1451 (11th Cir. 1998) (normal SOL start when crime is complete; applying standard to conduct)
- Toussie v. United States, 397 U.S. 112 (1970) (liberal interpretation in favor of repose; SOL policy)
- United States v. De La Mata, 266 F.3d 1275 (11th Cir. 2001) (continuing-offense doctrine narrow; not applicable here)
- United States v. Zuniga-Arteaga, 681 F.3d 1220 (11th Cir. 2012) (plain-language approach to statute interpretation)
- CBS Inc. v. PrimeTime 24 Joint Venture, 245 F.3d 1222 (11th Cir. 2001) (avoid legislative history when plain meaning suffices)