DOJ-OGR-00005181.jpg

535 KB

Extraction Summary

2
People
3
Organizations
1
Locations
3
Events
2
Relationships
1
Quotes

Document Information

Type: Legal document
File Size: 535 KB
Summary

This legal document, filed on October 12, 2021, is part of a case against a defendant named Maxwell. The author argues that the United States government is misapplying the statute of limitations (18 USC § 3283) in Maxwell's case, drawing a parallel to a previous case, United States v. Diehl. The document notes that Diehl has since filed a 'fraud on the court' motion against the government for similar alleged misconduct.

People (2)

Name Role Context
Maxwell defendant
Mentioned in relation to "defendant Maxwell's charges" and the applicability of the Statute of Limitations.
Diehl Party in a cited legal case
Cited as having faced the same legal issue on appeal in United States V. Diehl, and having filed a subsequent motion ...

Organizations (3)

Name Type Context
United States government agency
Party in the legal case United States V. Diehl and accused of knowingly misapplying 18 USC § 3283.
Western district of Texas government agency
The court where Diehl has filed a Rule 60(d)(3) motion.
5th Cir. government agency
The circuit court that heard the appeal in United States V. Diehl, 775 F.3d 714 (5th Cir. 2015).

Timeline (3 events)

2015
The appeal of United States V. Diehl was decided by the 5th Circuit Court.
5th Cir.
2021-10-12
Filing of Document 338 in Case 1:20-cr-00330-PAE.
circa 2021-10-12
Diehl filed a Rule 60(d)(3) - fraud on the court motion.
Western district of Texas

Locations (1)

Location Context
Location where Diehl filed a 'fraud on the court' motion.

Relationships (2)

United States Adversarial (Legal) Diehl
The document cites the case 'United States V. Diehl' and states Diehl accused the United States of 'knowingly misapplying' a statute and filed a 'fraud on the court' motion against them.
United States Adversarial (Legal) Maxwell
The document refers to 'defendant Maxwell's charges' and alleges the United States is misapplying a statute of limitations in their case.

Key Quotes (1)

"The United States continues to knowingly misapply §3283 and does so again in the above styled cause."
Source
— Author of the document (Concluding statement of the 'Interest' section, accusing the government of ongoing misconduct in the current case.)
DOJ-OGR-00005181.jpg
Quote #1

Full Extracted Text

Complete text extracted from the document (1,008 characters)

Case 1:20-cr-00330-PAE Document 338 Filed 10/12/21 Page 3 of 22
Interest.
In the above cause the court considers whether or not the Statute of Limitations at 18 USC § 3283 applies to defendant Maxwell's charges. Diehl faced this same issue on appeal. See United States V. Diehl, 775 F.3d 714 (5th Cir. 2015). The fact is the issue should not have been heard in the first instance on appeal, because Diehl had shown substantial evidence indicating that the United States was knowingly misapplying 18 USC §3283, and requested an investigation referencing highly suspect facts. Since that time, extensive investigation into §3283's legislative history shows what its true purpose was. See the enclosed brief.
Diehl has currently filed with the Western district of Texas, a Rule 60(d)(3) - fraud on the court motion, with regard to the United States fraudulent misapplication of § 3283.
The United States continues to knowingly misapply §3283 and does so again in the above styled cause.
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DOJ-OGR-00005181

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