United States v. Arturo Hernandez

McKEOWN, Circuit Judge:

We are faced here with the task of reconciling an immigration statute providing venue where a defendant was “apprehended” with the constitutional guarantee that a defendant must be tried where the crime was committed. Specifically, we must decide where the crime was committed in the case of a deported alien prosecuted for being “found in” the United States, a violation of 8 U.S.C. § 1326. This analysis in turn is determinative of whether venue was proper. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand for a transfer of venue. We hold that…