In United States v. Lozoya, --- F.3d ---, No. 17-50336 (9th Cir. 2019), the Court vacated the defendant's misdemeanor conviction for assault on a flight from Minneapolis to Los Angeles.
The Court agreed with the defendant that venue was not proper in the Central District of Cal. Although that is where the plane landed, it was clear the assault took place before entering the airspace over the CDCA.
The opinion reminds us that “[i]f a defect in venue is clear on the face of the
indictment, a defendant’s objection must be raised before the
government has completed its case.” However, “if the
venue defect is not evident on the face of the indictment, a
defendant may challenge venue in a motion for acquittal at
the close of the government’s case.”
Additionally, the panel explains that just because an offense takes place while in transit, it does not mean venue is proper where the defendant is arrested.
If you have a venue issue, or are just curious about venue, this is a good read. There is also a partial dissent.
