United States v. John M. Grabinski

In late 1980, defendant John M. Grabinski was indicted on a single count of failure to file income tax returns for the year 1976. The indictment was sought and returned in the Eastern District of Missouri. Grabinski moved for a change of venue to the District of Minnesota under Fed.R.Crim.P. 18 arguing that he was a resident of St. Paul, Minnesota at the time the returns at issue came due. The district court denied the motion. On March 23, 1981, however, the court, on its own motion, dismissed the case without prejudice for lack of jurisdiction.

On March 30, 1981, the government filed an…