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CRM 500-999

653. Statute of Limitations and the Assimilative Crimes Act

The Assimilative Crimes Act of 1948 (19 U.S.C. § 13) makes punishable in federal court criminal acts or omissions not specifically made punishable by enactments of Congress if committed within the special maritime and territorial jurisdiction of the United States (18 U.S.C. § 7), if the act is a crime under the applicable state law. Only the substantive offenses of a state are assimilated into federal law. Thus, although case authority in this area is slight, a different state period of limitation will not control prosecution under the act. See Garcia-Guillern v. United States, 450 F.2d 1189, 1192 n. 1 (5th Cir. 1971), cert. denied, 405 U.S. 989 (1972).

[cited in JM 9-18.000]