CLAY, Circuit Judge. The government appeals from the district court’s order dismissing on statute of limitations grounds the indictments of Defendants Raymond L. Grenier and Delta Equity Services Corp. for violation of 18 U.S.C. § 1001 and 18 U.S.C. § 2. For the reasons that follow, we AFFIRM the district court’s dismissal of Defendants’ indictments.

SUTTON, Circuit Judge. This case arises from an act of filicide, in truth three acts of filicide, for Reginald Brooks murdered not just one of his sons but all three of them as they lay sleeping. Outside of Greek myth and the more fortunate sons of Cronus, this is not something we want to read about or indeed frequently ever hear about. This father, no surprise, suffered from a serious psychological illness and engaged in several odd forms of behavior during the years before the murders, information that the sentencing court was told and that it accepted. The court also was told that Brooks knew what he was doing on the morning of the murders, that he evaded responsibility for the crimes and that he had the capacity to appreciate what he did was wrong.

As is often true in the most appalling murder cases, the facts of the crime themselves add weight to both sides of the life-versus-death scales. The planned act of murdering one’s three children confirms the utter depravity of the crime at the same time it suggests the seriousness of the defendant’s psychological illness. In the end, the sentencing court found that the aggravating factors outweighed the mitigating factors and imposed three capital sentences on Brooks.

The debate today is whether Brooks’ trial counsel provided ineffective assistance during the penalty phase of the trial by failing adequately to investigate his mental-health history and background. In support of this theory, Brooks principally offered three pieces of new evidence that his three lawyers, one investigator, one psychiatrist and one psychologist apparently did not discover and that they did not introduce during the mitigation hearing—namely that, during the two or so years before the murders, Brooks had practiced voodoo, accused his wife of having an incestuous relationship with their oldest son and refused to allow the same son to display his athletic trophies. The state courts rejected this claim in part because the sentencing court already had ample evidence of Brooks’ serious psychological illness and other manifestations of that illness in front of it. The district court rejected his federal habeas claim as well. Because the state courts’ resolution of this claim was neither contrary to, nor an unreasonable application of, clearly established Supreme Court precedent, we affirm.

BOGGS, Chief Judge. John Jolliff and Steven Daniels petition for review of the Order of the National Labor Relations Board (“Board”) denying their claims arising under § 8(a)(1) of the National Labor Relations Act (“Act”), codified at 29 U.S.C. § 158(a)(1). Administrative Law Judge (“ALJ”) William G. Kocol originally found in the employees’ favor, holding that the employees had been terminated for engaging in an activity–writing a letter complaining about working conditions–that was protected under the Act. On review, the Board held that the employees’ activities were stripped of the Act’s protection because the letter contained a false statement made with actual malice. Jolliff and Daniels now petition for review. We grant their petition on the basis that the Board’s decision was not supported by substantial evidence and remand the case to the Board.