6:23-cr-03063•USA v. Long
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) No. 23-03063-01-CR-S-BCW ) KEVIN LONG, ) ) Defendant. ) REPORT AND RECOMMENDATIONS Before the Court is Defendant’s Motion to Dismiss Count 2 for Statute of Limitations. (Doc. 150.) Defendant moves the Court to dismiss Count 2 of the Superseding Indictment as barred by the five-year statute of limitations in 18 U.S.C § 3282. Id. at 1. The Government filed Suggestions in Opposition to the Motion. (Doc. 161.) Defendant filed a Reply in Support of the Motion. (Doc. 171.) This action has been referred to the undersigned to hear and process all pretrial motions to dismiss the indictment. Upon review, it is recommended that the relief requested by Defendant be denied without prejudice as premature. I. Background On August 26, 2025, a grand jury returned a Superseding Indictment charging Defendant in Count 2 for the first time as follows: On or about November 6, 2019, said date being approximate, in Pulaski County and elsewhere in the Western District of Missouri, within the special maritime or territorial jurisdiction on the United States, as defined in Title 18, United States Code, Section 7(3), that being the Fort Leonard Wood United States Army Military Installation, the defendant, KEVIN LONG, did knowingly act in a manner that created a substantial risk to the life and body of Jane Doe, a child less than seventeen years of age, by engaging in conduct causing physical injury to Jane Doe’s body, such actions resulting in Jane Doe’s death, in violation of Title 18, United States Code, Section 13 and Section 568.045 of the Revised Statutes of Missouri. Case 6:23-cr-03063-BCW Document 230 Filed 02/19/26 Page 1 of 5
(Doc. 84.) The parties agree that Defendant was charged by the Superseding Indictment on August 26, 2025, over five years and nine months after the date of the alleged offense. The parties also agree that the federal statutes of limitation apply to state crimes charged via the Assimilated Crimes Act (“ACA”), 18 U.S.C. § 13. See United States v. Aguilar, No. 17-CR-00541-JCS, 2018 WL 4181959 (N.D. Cal. Aug. 30, 2018) (holding the federal statutes of limitations apply to charges under the ACA). The parties disagree, however, as to what federal statute of limitations applies to Count 2. Defendant contends that Count 2 is barred by the general five-year statute of limitations for non- capital offenses set forth in 18 U.S.C. § 3282. (Doc. 150 at 2.) 18 U.S.C. § 3282(a) provides, [e]xcept as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed. The Government counters that because Count 2 involves the physical abuse of a child under the age of 18 years, an exception to the general statute of limitations applies. Specifically, the Government argues that Count 2 is subject to the ten-year statute of limitations for offenses against children found in 18 U.S.C. § 3283. (Doc. 161 at 2.) 18 U.S.C. § 3283 states, [n]o statute of limitations that would otherwise preclude prosecution for an offense involving the sexual or physical abuse, or kidnaping, of a child under the age of 18 years shall preclude such prosecution during the life of the child, or for ten years after the offense, whichever is longer. II. Analysis Exceptions to the general five-year statute of limitations must be “expressly provided by law.” 18 U.S.C. § 3282. Defendant argues that although § 3283 provides an exception for an “offense involving the … physical abuse” of a child, it does not expressly provide an exception Case 6:23-cr-03063-BCW Document 230 Filed 02/19/26 Page 2 of 5
for endangering the welfare of a child. In addition, Defendant claims that general endangerment of the welfare of a child under Rev. Stat. Mo. § 564.045 does not amount to physical abuse of a child under § 3283. See Rev. Stat. Mo. § 564.045.1(1) (“A person commits the offense of endangering the welfare of a child in the first degree if he [k]nowingly acts in a manner that creates a substantial risk to the life, body, or health of a child less than seventeen years of age”) As stated above, § 3283’s ten-year statute of limitations applies to “an offense involving the … physical abuse ... of a child under the age of 18 years.” To determine whether § 3283 applies to a charged offense, courts use a fact-specific analysis. See United States v. Tso, 154 F.4th 731, 741 (10th Cir. 2025) (“a case-specific approach must be applied to a § 3283 challenge, with a focus on the charge(s) brought against the defendant.”); United States v. Maxwell, 118 F.4th 256, 265 (2d Cir. 2024) (“Congress intended courts to apply § 3283 using a case-specific approach.”) Notably, “§ 3283 has no … restrictive language or legislative history suggesting congressional intent to limit its application to a specific subset of circumstances. Congress, rather, has evinced a general intention to ‘cast a wide net to ensnare as many offenses against children as possible.’ ” United States v. Schneider, 801 F.3d 186, 196 (3d Cir. 2015) (quoting United States v. Dodge, 597 F.3d 1347, 1355 (11th Cir. 2010) (en banc)). Here, the relevant factual evidence is clearly not agreed to by the parties. Accordingly, to determine whether § 3283 applies to Count 2, the Court must make findings regarding the facts underlying the charge that Defendant “engag[ed] in conduct causing physical injury to Jane Doe’s body, such actions resulting in Jane Doe’s death.” A court should decide a pretrial motion before trial but should defer a ruling if it finds good cause. Fed. R. Crim. P. 12(d). “Good cause exists and a decision should be deferred if disposing of the pretrial motion requires making factual determinations that fall within the province of the Case 6:23-cr-03063-BCW Document 230 Filed 02/19/26 Page 3 of 5
ultimate finder of fact.” United States v. Turner, 842 F.3d 602, 605 (8th Cir. 2016) (cleaned up). “A motion is capable of pretrial determination ‘if trial of the facts surrounding the commission of the alleged offense would be of no assistance in determining the validity’ of the motion.” Id. at 604-05 (quoting United States v. Covington, 395 U.S. 57, 60 (1969)). In this matter, the undersigned finds that good cause exists and as a result a decision should be deferred. Defendant argues that Count 2 does not qualify for the exception in 18 U.S.C. § 3283 based on the Government’s allegations against him. (Doc. 150 at 5.) Specifically, Defendant claims the Government alleges that he placed Jane Doe upstairs to sleep, under circumstances that showed neglect, leading to her falling down the stairs and qualifying as endangerment under Mo. Rev. Stat. § 568.045. Id. According to Defendant, this alleged conduct is not direct physical or sexual abuse of a child and does not fit an exception under 18 U.S.C. § 3283. Id. In response to the scenario described by Defendant, the Government denies that this is its theory of how the crime was committed. (Doc. 161 at 5.) As the Eighth Circuit recently stated, the government is not required to present its case in response to a motion to dismiss, and dismissal is not justified based on the government's refusal to come forward with evidence to support its case in the face of a defendant who has presented his own proof. To warrant dismissal, it must be clear from the parties’ agreed representations about the facts surrounding the commission of the alleged offense that a trial of the general issue would serve no purpose. Unless the prosecution voluntarily presents the entirety of its evidence in response to a pretrial motion, the court cannot know the universe of additional facts that will be presented at trial and whether they will be disputed. United States v. Grubb, 135 F.4th 604, 607 (8th Cir. 2025) (cleaned up). In summary, to determine whether the ten-year statute of limitations of § 3283 applies to Count 2, the Court must use a fact-specific analysis. This analysis would require making factual determinations surrounding the commission of the alleged offense before trial, which would invade Case 6:23-cr-03063-BCW Document 230 Filed 02/19/26 Page 4 of 5
the province of the ultimate finder of fact. As a result, under Rule 12(d), good cause exists to defer ruling on Defendant’s Motion until trial. III. Recommendations Based on the foregoing, it is recommended that Defendant’s Motion to Dismiss Count 2 for Statute of Limitations be denied without prejudice as premature, because resolving the Motion before the trial would require a trial of the facts surrounding the commission of the alleged offense. This recommendation does not preclude Defendant from reasserting a more thorough and fact- specific argument regarding the statute of limitations applicable to Count 2 during trial. IT IS SO ORDERED. /s/ David P. Rush DAVID P. RUSH UNITED STATES MAGISTRATE JUDGE DATE: February 19, 2026 Case 6:23-cr-03063-BCW Document 230 Filed 02/19/26 Page 5 of 5
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