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U.S. v. NOVAK

No. 08-5254.

607 F.3d 968 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan A. NOVAK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 15, 2010.

Attorney(s) appearing for the Case

ARGUED: Robert James Wagner, Office of the Federal Public Defender, Richmond, Virginia, for Appellant. Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Michael S. Nachmanoff, Federal Public Defender, Frances H. Pratt, Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Dana J. Boente, United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge DUNCAN and Senior Judge ALARCÓN joined.

OPINION

HAMILTON, Senior Circuit Judge:

Under 18 U.S.C. § 228(a)(3), any person that "willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000," may be fined or imprisoned up to two years, or both. 18 U.S.C. §§ 228(a)(3) and (c)(2). Section 228 contains a specific venue provision, providing that a prosecution...

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