concurring:
Judge Norris and Judge Reinhardt focus on the extent to which Fowlie actively hid himself from the police. I write separately to emphasize my view that the government did not need to provide factual evidence of “affirmative steps” that Fowlie took to hide himself. The government met its burden of proving flight by showing that Fowlie knew he was wanted by the authorities and intentionally thwarted arrest by remaining abroad.
The statute of limitations ensures that one 'accused of a crime has an adequate opportunity to gather exculpatory evidence. The theory is that the best opportunity to do so occurs while the tracks are fresh. One who has notice but fails to come forward to defend cannot be heard to complain that the tracks have faded. The pivotal issue is notice and a timely opportunity to defend. A defendant with notice cannot by deliberately absenting himself thwart the process. Time stops until the accused makes “a good faith effort to surrender.” United States v. Gonsalves, 675 F.2d 1050, 1055 (9th Cir.), cert. denied, 459 U.S. 837, 103 S.Ct. 83, 74 L.Ed.2d 78 (1982).
We consistently have held that to meet its burden of proving that the accused fled or concealed himself with the intent to avoid arrest or prosecution, “the prosecution need only prove that the defendant knew that he was wanted by the police and that he failed to submit to arrest.” United States v. Ballesteros-Cordova, 586 F.2d 1321, 1323 (9th Cir.1978); Gonsalves, 675 F.2d at 1052; United States v. Wazney, 529 F.2d 1287, 1289 (9th Cir.1976). The statute of limitations is not tolled “for unintentional delays, such, for example, as one caused by an open move to a new residence where the accused is readily accessible to careful law enforcement officers.” Wazney, 529 F.2d at 1289. We have given defendants who remained abroad the benefit of the statute of limitations when they have established through their actions and statements that despite their failure to return, they never intended to avoid arrest or prosecution. See, e.g., Caplan v. Vokes, 649 F.2d 1336, 1341-42 (9th Cir.1981); United States v. Durcan, 539 F.2d 29, 31-32 (9th Cir.1976). .
In contrast to the defendants in Caplan and Durcan, Fowlie’s actions and statements are .sufficient to establish that he remained in Mexico with the intent of avoiding arrest or prosecution. After learning of the raid, Fow-lie moved his personal belongings and business to Mexico and stated his intent never to return to the United States. The timing and nature of these facts are significant.