No. 04-50029.

407 F.3d 379 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Theresa Lucretia STRAIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 14, 2005.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., Ellen A. Lockwood, Diane D. Kirstein, San Antonio, TX, for U.S.

Paul Kobbe Williams, Midland, TX, for Strain.

Before GARWOOD, JOLLY and BARKSDALE, Circuit Judges.


The government has filed a petition for rehearing. The petition does not challenge this court's substantive holding — i.e., that the prosecution failed to prove that venue was proper in the Western District of Texas. Instead, the government contends that we erred in remanding for a judgment of acquittal, and that the proper remedy would have been dismissal of Strain's conviction without prejudice. As explained below, the contention is meritless...

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