U.S. v. Gonzalez, No. 11-10380 (6-27-12) (Tallman with Gould and Bea)
Venue can be a tricky thing. It is especially difficult where offenses span time, people, and districts. Here, the defendant was convicted of a conspiracy; one that was prosecuted in the Northern District of California. Yet, the only connection to that district were two telephone calls placed by a CI to the defendant outside of the district. The drug delivery took place in another district. Yet, in affirming the conviction, the 9th reaffirms that venue is proper where any portion or act of the offense occurs. Quoting the Second Circuit, the 9th observes that a telephone call sends a voice and propels the scheme into the person receiving the call. It is like a ripple. Here, the calls went forth, and snared the defendant who was elsewhere. The conspiracy's venue is proper in the ND Ca.
(Editorial note: Yet, it is increasingly worrisome with the reach of the Internet).