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U.S. v. BIAO

No. 98-CR-2812.

51 F.Supp.2d 1042 (1999)

UNITED STATES of America, Plaintiff, v. Chen BIAO, et al., Defendants.

United States District Court, S.D. California.

May 18, 1999.

Attorney(s) appearing for the Case

Steven F. Hubachek (argued), Julie A. Blair, Federal Defenders of San Diego, Inc., San Diego, California, Robert L. Swain, San Diego, California, for defendants.

Charles G. LaBella, United States Attorney, John H. Gomez (argued), Jonah H. Goldstein (argued), Assistant United States Attorneys, Office of the United States Attorney, San Diego, California, for plaintiff.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS FOR LACK OF VENUE

MOSKOWITZ, District Judge.

The defendants move to dismiss the superseding indictment for lack of venue. The venue statute at issue, 18 U.S.C. § 3238, governs venue for federal offenses committed on the high seas. Two questions are presented: (1) whether the defendants waived their challenge by failing to raise it until the close of the Government's case; and (2) whether the filing of the...

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