Can a federal court order an extension of the limitation period under Section 6531 of the Criminal Code to allow the Government to bring its case before a grand jury?

To the extent that the court based its dismissal on this reasoning, its order is not supported by case law. Jaben v. United States, 381 U.S. 214, 85 S.Ct. 1365, 14 L.Ed.2d 345 (1965), held that because 6531 is not intended to give the Government an automatic nine month extension to make its case, the provision is available only "in the event that a grand jury is not in session at the end of the normal limitation period . . . (and the Government) cannot obtain an indictment because of the grand jury schedule." (id., pp. 219-220, 85 S.Ct. p.

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