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U.S. v. MORAN-GARCIA

No. 19-50134.

966 F.3d 966 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Ezequiel Francisco MORAN-GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2020.

Attorney(s) appearing for the Case

Doug Keller (argued), Federal Defenders of San Diego Inc., San Diego, California, for Defendant-Appellant.

Zachary J. Howe (argued), Assistant United States Attorney; Daniel E. Zipp , Chief, Appellate Section, Criminal Division; Robert S. Brewer Jr. , United States Attorney; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.

Before: ANDREW J. KLEINFELD and JACQUELINE H. NGUYEN, Circuit Judges, and WILLIAM H. PAULEY III, District Judge.

OPINION

We vacate the conviction and remand for dismissal of the indictment without prejudice because venue was not established.

Ezequiel Francisco Moran-Garcia was among the passengers caught late at night six miles off the California coast in a small, disguised boat. He was indicted for attempting...

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