U.S. v. Midgley

The United States appeals from an order entered by the U.S. District Court for the Middle District of Pennsylvania, denying a motion to reinstate dismissed counts of an indictment against the appellee, Raymond Midgley. The government had dismissed the counts after Midgley pled guilty to one charge of the indictment pursuant to a plea agreement. Midgley subsequently made a successful collateral attack on his conviction. The district court denied reinstatement of the dismissed counts on the grounds that the statute of limitations had run. In seeking reversal, the government asks us to resolve a conflict among our district courts as to whether dismissed counts of an indictment may be reinstated under these circumstances. The district court had jurisdiction under 28 U.S.C. § 2255, and we have appellate jurisdiction pursuant to 28 U.S.C. § 1291. Because we find insufficient grounds for withholding application of the statute of limitations, we will affirm the order of the district court.