In prosecution on charge of illegal re-entry in U.S. after having been removed, Dist. Ct. erred in denying defendant’s motion to dismiss charge on ground of lack of venue, where: (1) defendant-non-citizen was arrested in Texas on unrelated charges and was “found” there by federal authorities while he was in custody in Texas; (2) while defendant was in continuous custody, federal authorities transferred defendant to Illinois, where he was charged with instant offense; and (3) Illinois was not proper venue, because defendant had not committed any element of instant offense in Illinois, did not re-enter country in Illinois, was not found in Illinois and was not apprehended in Illinois. Ct. further noted, though, that for practical purposes, govt. could release defendant in Illinois and then immediately re-arrest him and proceed on new charge in Illinois, or re-indict defendant in proper district under instant record such as Texas. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Venue