Argued: January 31, 2019
from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, Senior
District Judge. (3:17-cr-00089-HEH-DJN-1)
Elizabeth Maguire, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Richmond, Virginia, for Appellant.
Stephen David Schiller, OFFICE OF THE UNITED STATES ATTORNEY,
Richmond, Virginia, for Appellee.
C. Kamens, Federal Public Defender, Caroline S. Platt,
Appellate Attorney, OFFICE OF THE FEDERAL PUBLIC DEFENDER,
Alexandria, Virginia, for Appellant.
Zachary Terwilliger, United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.
WYNN, DIAZ, and RICHARDSON, Circuit Judges.
Natalio De Leon-Ramirez was indicted for illegal reentry more
than 10 years after the government learned that he had
unlawfully reentered the United States. Although the
limitations period for this offense was five years, the
district court refused to dismiss the indictment as untimely
because it found that De Leon-Ramirez was "fleeing from
justice," which tolled the statute of limitations.
See 18 U.S.C. § 3290. De Leon-Ramirez
challenges that finding on appeal. But, as it was not clearly
wrong, we affirm.
2005, De Leon-Ramirez pleaded guilty to making counterfeit
immigration documents. He served about seven months of a
15-month sentence before being deported to his native
Guatemala in March 2006. Unbeknown to authorities, however,
De Leon-Ramirez reentered the United States some time later.
in February 2007, De Leon-Ramirez walked into an auto parts
store in Chesterfield County, Virginia, and asked to exchange
an old clutch. The store clerk obliged, but De Leon-Ramirez
was unsatisfied with the replacement part and soon returned
demanding a different model. When the store clerk this time
refused, an argument erupted. The police were called, and De
Leon-Ramirez was arrested.
his arrest, De Leon-Ramirez gave the police sergeant,
Bradford Connor, a Mexican ID showing the name "Enrique
Roblero Escobar." J.A. 109. After taking De Leon-Ramirez
into custody, Connor had the booking department run his
fingerprints, which produced an FBI record under the name
"Delfino Puac-Deleon" and a Virginia record under
"Alejandro Hernandez." Id. The birth date
on the Mexican ID, like the name, didn't line up with
those in the database.
Leon-Ramirez was charged with larceny and trespassing and
released on bond nine days later. The paperwork accompanying
his release, all completed under the name "Delfino
Puac-Deleon," lists an address in Richmond, a telephone
number, and a defense attorney's name and telephone
number. J.A. 114-119. The papers also note a hearing
scheduled for April 30, 2007, in Chesterfield County district
court. The only document that De Leon-Ramirez signed,
however, sets a hearing date for March 30, 2007. De
Leon-Ramirez didn't appear on April 30, but ...