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United States v. Koerber, 10 F.4th 1083 (10th Cir. Aug. 26, 2021)

The Tenth Circuit affirmed the criminal conviction of the defendant on several charges over numerous challenges. Among other things, the court held as a matter of first impression that when an indictment is dismissed with prejudice by the district court and the prejudice determination is reversed on appeal and remanded to the district court for a final determination, and the indictment is then dismissed without prejudice, the six-month rather than sixty-day provision of the savings statute, 18 U.S.C. § 3288, applies. Interpreting that statute, the court held, “When the appellate court is responsible for a final dismissal of a case, the sixty-day limitation period applies; when the district court is responsible for a final dismissal of a case, the six-month provision applies.”