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U.S. v. CANAL BARGE CO., INC.

Nos. 09-5388, 09-5421, 09-5422, 09-5423, 09-5424.

631 F.3d 347 (2011)

UNITED STATES of America (09-5388), Plaintiff-Appellant/Cross-Appellee, v. CANAL BARGE COMPANY, INC. (09-5422), Randolph Martin (09-5421), Paul D. Barnes (09-5423), and Jeffery A. Scarborough (09-5424), Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 7, 2011.

Attorney(s) appearing for the Case

ARGUED: John E. Arbab , United States Department of Justice, Washington, D.C., for Appellant. Michael R. Mazzoli , Cox & Mazzoli, Louisville, Kentucky, for Appellees. ON BRIEF: John E. Arbab , John L. Smeltzer , Jennifer A. Whitfield , United States Department of Justice, Washington, D.C., Jason Walta , Silver Spring , Maryland, Randy W. Ream , Assistant United States Attorney, Louisville, Kentucky, for Appellant. Michael R. Mazzoli , Cox & Mazzoli, Louisville, Kentucky, Rob Eggert , David A. Lambertus , Mark L. Miller , Mark D. Chandler , Louisville, Kentucky, for Appellees.

ROGERS, J., delivered the opinion of the court, in which KETHLEDGE, J., joined. BATCHELDER, C.J. (pp. 357-59), delivered a separate opinion concurring in part and dissenting in part.

OPINION

ROGERS, Circuit Judge.

This case presents a question of venue, specifically, the appropriate district in which to prosecute a charge of willful failure to "immediately notify" the Coast Guard of a "hazardous condition" aboard a vessel. 33 U.S.C. § 1232(b)(1); 33 C.F.R. § 160.215. The crime is a continuing offense rather than a point-in-time offense, and therefore the location of the crime continued into the Western District of Kentucky...

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