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Venue Challenge Preserved by General Motion for Judgment of Acquittal; However, Evidence was Sufficient to Prove Venue in Utah

By Shari Allison

United States v. Kelly, ___ F.3d ___, 2008 WL 2972731(10th Cir. 2008)Defendant did not waive his challenge to venue being proper in Utah?nothing on the face of the indictment alerted him to a venue issue, and it only became apparent when the government rested its case. Nor did he fail to preserve it?in generally moving for an acquittal after the government rested, a challenge to venue and all essential elements of the offense was included in the objection. PRACTICE TIP: (if he had challenged sufficiency of the evidence on a particular ground, he would have failed to preserve all other grounds except that specified). Venue must be found by the jury, but only upon a preponderance of the evidence. The evidence was sufficient that Defendant committed the offenses in the district of Utah...continue to full post

Full post as published by Tenth Circuit Blog on August 08, 2008 (boomark / email).