The following excerpt is from U.S. v. Aburahmah, 107 F.3d 17 (9th Cir. 1996):
Title 18 U.S.C. 3290 provides, "No statute of limitations shall extend to any person fleeing from justice." Under section 3290, the statute of limitations is tolled in instances in which "the accused concealed himself with the intent to avoid arrest or prosecution." United States v. Gonsalves, 675 F.2d 1050, 1052 (9th Cir.), cert. denied, 459 U.S. 837 (1982). The statute of limitations applicable to appellant's crime is five years. 18 U.S.C. 1201. We affirm the holding of the district court that the statute of limitations was tolled under the circumstances of appellant's case. Aburahmah v. United States, 892 F.Supp. 1282, 1285 (D.Ariz.1995). Under 3290, the government need only prove appellant's fugitive status by a preponderance of the evidence. Gonsalves, 675 F.2d at 1054. We conclude from the evidence presented that appellant's actions were consistent with those of a fugitive from justice.
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