United States v. Richard Dean Miller

SEYMOUR, Chief Judge.

Richard Dean Miller was indicted in the District of Wyoming, tried before a jury, and convicted of conspiracy to possess methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841, 846. On appeal, Mr. Miller asserts as error the trial court’s failure to instruct the jury on the element of venue.1 For the reasons set out below, we reverse.

I

The indictment charged Mr. Miller with participation in a drug distribution conspiracy “within the District of Wyoming and elsewhere.” Rec., vol. I at 1. Mr. Miller lived in Montana. At trial, no evidence was offered that…