The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on September 9, 2008:

• U.S. v. Guitierrez-Avascal (Barksdale, Benavides, Dennis, JJ.; opinion by Barksdale, J.) (appeal from S.D. Tex.). Affirming order of restitution upon conviction for conspiracy to possess marijuana with intent to distribute. The Fifth Circuit held that restitution on the conspiracy charge was allowed under the plain language of the Victim and Witness Protection Act.
• U.S. v. Seale (Davis, Smith, DeMoss, JJ.; opinion by DeMoss, J.) (appeal from S.D. Miss.). Vacating kidnapping conviction and sentence, and rendering acquittal. In 2007, defendant was indicted and convicted for a kidnapping that occurred in 1964. At the time of the offense, the federal kidnapping statute carried a possible capital penalty, which had the effect of eliminating any statute of limitations. Subsequently, in 1972, the federal statute was amended to remove the potential capital penalty. In denying the defendant’s motion to dismiss the indictment as time-barred, the district court held that the 1972 amendment was not retroactive. The Fifth Circuit held that changes to criminal statutes of limitation presumptively apply retroactively to pre-amendment conduct; that the 1972 amendment to the kidnapping statute had the effect of rendering kidnapping a non-capital offense, such that the five-year limitations period applicable to such offenses now applied; that the 43-year gap between the offense and the indictment exceeded this limitations period; and that the pre-amendment invalidation of the death penalty provision of the kidnapping statute had the effect of rendering the statute’s savings clause inapplicable to this case.