UNITED STATES of America, Plaintiff-Appellant, v. Antonio MENDOZA; Gloria Mendoza; Amalia Mendoza, Defendants-Appellees

RYMER, Circuit Judge.

The United States appeals from the dismissal for improper venue of two counts of an indictment charging Antonio, Gloria, and Amalia Mendoza with aiding and abetting the possession of cocaine with intent to distribute in the Western District of Washington, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846.

The Mendozas argued that venue was improper in this district because the substantive offense so far as they were concerned was begun and completed in California, where on the government’s theory they sold cocaine to James Chapman, who then transported it to…