The following excerpt is from United States v. Martinez, 862 F.3d 223 (2nd Cir. 2017):
"Commission of [a federal] crime within the statute-of-limitations period is not an element of the ... offense." Smith v. United States , 568 U.S. 106, 112, 133 S.Ct. 714, 184 L.Ed.2d 570 (2013) (emphasis in original). Rather, " it is up to the defendant to raise the limitations defense "; the 3282(a) statute of limitations "becomes part of a case only if the defendant presses it in the district court" "at or before trial." Musacchio , 136 S.Ct. at 71718 (quoting Smith , 568 U.S. at 112, 133 S.Ct. 714 ).
Musacchio , 136 S.Ct. at 718 (first emphasis in original; second emphasis added).
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