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U.S. v. NEWSOM

No. 92-5755.

9 F.3d 337 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Franklin NEWSOM, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 29, 1993.

Attorney(s) appearing for the Case

Michael M. Fisher, Asst. U.S. Atty., Charleston, WV, argued (Michael W. Carey, U.S. Atty., Nancy C. Hill, Asst. U.S. Atty., on brief), for appellant.

David H. Landon, Dayton, OH, argued, for appellee.

Before RUSSELL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

BUTZNER, Senior Circuit Judge:

The United States appeals the judgment of the district court granting Franklin Newsom's motion to dismiss an indictment against him on grounds of lack of venue and subject matter jurisdiction. Because we hold that venue in the Southern District of West Virginia is proper, we reverse the judgment, reinstate the indictment, and remand the case for further proceedings.

I

A grand jury returned an indictment...

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