United States v. Delgado-Nunez

I respectfully dissent from the majority’s decision finding that Delgado-Nunez waived any claim to improper venue. Moreover, because venue was improper in the Western District of Texas where he was tried, I would reverse and vacate the district court’s decision.

“A defendant’s right to be tried in the district in which the crime took place finds its roots in both the Constitution and federal statutory law.”1 Article III, Section *4992, Clause 3, states that “[t]rial shall be held in the State where the said Crimes shall have been committed.”2 Furthermore, the Sixth Amendment to the United States…