In United States v. Obak, --- F.3d ---, No. 16-10362 (9th Cir. 2018), the Court affirmed the defendant's drug related convictions.
The convictions were based on an attempt to import meth into Guam.
The Court rejected the defendant's claim that the district court lacked jurisdiction or that venue was improper in Guam.
The good part of the opinion is the reminder that, although the defendant waived any objection to a defect in venue, the government, by not
raising the waiver issue in its answering brief, waived its ability to rely on the
defendant’s waiver. In other words, the government can, and did, waive the waiver.
