United States v. Cores, 356 U.S. 405 (1958). · Go Syfert
United States v. Cores, 356 U.S. 405 (1958). Cases Citing This Book View Copy Cite
648 citation events (232 in the last 25 years) across 59 distinct courts.
Strongest positive: United States v. Ali Ali (cadc, 2013-06-11) · Strongest negative: Travis v. United States (scotus, 1961-01-16)
Treatment trajectory · 1958 → 2026 · click a year to view as-of
1958 1992 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Travis v. United States (2×)
SCOTUS · 1961 · signal: but cf. · confidence high
But cf. United States v. Cores, 356 U. S. 405 .
discussed Cited as authority (verbatim quote) United States v. Ali Ali
D.C. Cir. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
the provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place.
examined Cited as authority (verbatim quote) United States v. Ali Ali (3×) also: Cited as authority (quoted)
D.C. Cir. · 2013 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place.
discussed Cited as authority (verbatim quote) United States v. John Brennan (2×) also: Cited "see, e.g."
2d Cir. · 1999 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the constitution makes it clear that determination of proper venue in a criminal case requires determination of where the crime was committed.
examined Cited as authority (quoted) United States v. Sitzmann (3×)
D.D.C. · 2014 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place.
examined Cited as authority (quoted) United States v. Silverio Ramirez and Angelica Vitug (3×)
2d Cir. · 2005 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
provided its language permits, the act in question should be given that construction which will respect considerations .
examined Cited as authority (quoted) United States v. Larry G. Rowe (3×)
2d Cir. · 2005 · quote attribution · 3 verbatim quotes · confidence low
the provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place.
examined Cited as authority (quoted) United States v. Sapyta (3×)
W.D. Tex. · 2005 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the constitution makes it clear that determination of proper venue in a criminal case requires determination of where the crime was committed.
examined Cited as authority (quoted) United States v. Morgan, Jeffrey (3×) also: Cited "see, e.g."
D.C. Cir. · 2004 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
the provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place. provided its language permits, the act in question should be given that construction which will respect such considera…
examined Cited as authority (quoted) United States v. Hernandez-Hernandez (3×)
W.D. Tex. · 2003 · signal: see · quote attribution · 3 verbatim quotes · confidence high
the constitution makes it clear that determination of proper venue in a criminal case requires determination of where the crime was committed.
examined Cited as authority (quoted) United States v. Marcelino Saavedra
2d Cir. · 2000 · quote attribution · 1 verbatim quote · confidence low
the provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place. provided its language permits, the act in question should be given that construction which will respect such considera…
examined Cited as authority (quoted) United States v. Saavedra
2d Cir. · 2000 · quote attribution · 1 verbatim quote · confidence low
the provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place. provided its language permits, the act in question should be given that construction which will respect such considera…
examined Cited as authority (quoted) United States v. Brennan (5×) also: Cited "see, e.g."
2d Cir. · 1999 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
the provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place. provided its language permits, the act in question should be given that construction which will respect such considera…
examined Cited as authority (quoted) Sailor v. State (3×)
Fla. Dist. Ct. App. · 1999 · quote attribution · 3 verbatim quotes · confidence low
the provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place.
examined Cited as authority (quoted) United States v. Timothy Cofield (10×) also: Cited as authority (rule), Cited "see, e.g."
4th Cir. · 1994 · quote attribution · 2 verbatim quotes · confidence low
the constitution makes it clear that determination of proper venue in a criminal case requires determination of where the crime was committed.
examined Cited as authority (quoted) United States v. Robert Morales, Sr. (6×)
9th Cir. · 1993 · quote attribution · 6 verbatim quotes · confidence low
the crucial word 'remains' permits no connotation other than continuing presence
discussed Cited as authority (rule) Abouammo v. United States Revisions: 6/16/26 (2×) also: Cited "see, e.g."
SCOTUS · 2026 · confidence medium
But they retained strong feelings about “the unfairness and hardship involved when an accused is prosecuted in a re- mote place.” United States v. Cores, 356 U. S. 405, 407 (1958).
discussed Cited as authority (rule) Abouammo v. United States (2×) also: Cited "see, e.g."
SCOTUS · 2026 · confidence medium
But they retained strong feelings about “the unfairness and hardship involved when an accused is prosecuted in a re- mote place.” United States v. Cores, 356 U. S. 405, 407 (1958).
discussed Cited as authority (rule) Marvin Randall v. Erin Reyes
D. Or. · 2026 · confidence medium
See Platt, 376 U.S. at 241 (mandamus action considering transfer of antitrust action to another district than the one in which it was filed); Cores, 356 U.S. at 405 (appeal from dismissal of information for federal immigration offense due to lack of venue); Johnston, 351 U.S. at 215 (appeal from dismissal of indictments for violations of the Universal Military Training and Service Act due to lack of venue); Cabrales, 524 U.S. at 3 (appeal from dismissal of indictment for federal money laundering charges due to lack of venue).
discussed Cited as authority (rule) People v. Henry
Ill. App. Ct. · 2025 · confidence medium
The right to be tried in the location where the crime occurred is a “safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place.” United States v. Cores, 356 U.S. 405, 407 (1958).
discussed Cited as authority (rule) United States v. Calonge
2d Cir. · 2023 · confidence medium
The purpose of these provisions is to 5 “protect defendants from the bias and inconvenience that may attend trial in a forum other than one in which the crime was committed.” United States v. Rowe, 414 F.3d 271, 277 (2d Cir. 2005) (citing United States v. Johnson, 323 U.S. 273, 275, 278 (1944); United States v. Cores, 356 U.S. 405, 407 (1958)).
discussed Cited as authority (rule) People v. DeBates
Ill. App. Ct. · 2021 · confidence medium
“The provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place.” United States v. Cores, 356 U.S. 405, 407 (1958). -4- ¶ 22 To convict defendant of forgery as charged here, the State had to prove that (1) defendant knowingly delivered a document that he knew was apparently capable of defrauding another, (2) he did so with the intent to defraud, and (3) the document was apparently capable of defrauding another.
discussed Cited as authority (rule) United States v. Andres Ayon-Brito (2×) also: Cited "see"
4th Cir. · 2020 · confidence medium
And because Congress created a continuing offense, “the locality of the crime . . . extend[s] over the whole area through which force propelled by an offender operates.” United States v. Cores, 356 U.S. 405, 408 (1958) (cleaned up); Johnson, 323 U.S. at 275 (same).
discussed Cited as authority (rule) United States v. Seward
1st Cir. · 2020 · confidence medium
Rather, as the majority acknowledges, it is a means of discerning congressional intent about where the locus delicti should lie in the absence of an explicit statutory venue provision. - 44 - See Rodriguez-Moreno, 526 U.S. at 281 (looking to congressional intent about the scene of the crime to determine the locus delicti of a crime proscribing "using or carrying a firearm 'during and in relation to any crime of violence'" (quoting 18 U.S.C. § 924 (c)(1) (1998))); United States v. Cores, 356 U.S. 405, 408 (1958) (explaining that the venue analysis requires courts to ascertain the type of statu…
discussed Cited as authority (rule) United States v. Oscar Orona-Ibarra
7th Cir. · 2016 · confidence medium
These include “the protection of a defendant from prosecution in a place far from his home and the support sys‐ tem that is necessary to mount an adequate defense.” Id. (cit‐ ing United States v. Cores, 356 U.S. 405, 407, 410 (1958)).
discussed Cited as authority (rule) United States v. Orona-Ibarra
7th Cir. · 2016 · confidence medium
These include “the protection of a defendant from prosecution in a place far from his home and the support system that is necessary to mount an adequate defense.” Id. (citing United States v. Cores, 356 U.S. 405, 407, 410 , 78 S.Ct. 875 , 2 L.Ed.2d 873 (1958)).
discussed Cited as authority (rule) State of Iowa v. Demetrius S. Rimmer v. Rona Murphy v. Melonicka Thomas
Iowa · 2016 · confidence medium
“The provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place.” United States v. Cores, 356 U.S. 405, 407 , 78 S.Ct. 875, 877 , 2 L.Ed.2d 873, 876 (1958).
discussed Cited as authority (rule) Amended June 22, 2016 State of Iowa v. Demetrius S. Rimmer v. Rona Murphy v. Melonicka Thomas
Iowa · 2016 · confidence medium
“The provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place.” United States v. Cores, 356 U.S. 405, 407 , 78 S. Ct. 875, 877 , 2 L.
discussed Cited as authority (rule) People v. Chilelli
Cal. Ct. App. · 2014 · confidence medium
It is nevertheless not completed as long as the obligation remains unfulfilled. ‘The crime achieves no finality until such time.’ (United States v. Cores (1958) 356 U.S. 405, 409 [ 2 L.Ed.2d 873 , 78 S.Ct. 875 ]; see State v. Morse (1969) 54 N.J. 32, 35 [ 252 A.2d 723, 725 ] . . . ; see also Williams v. Superior Court [(1978)] 81 Cal.App.3d [330,] 343-344 [ 146 Cal.Rptr. 311 ].)” (Wright v. Superior Court, supra, 15 Cal.4th at pp. 525-526, fn. omitted.) A continuous course of conduct crime is not completed by a discrete act; the continuous course of conduct is complete when the last crim…
cited Cited as authority (rule) Schmutz, Randy
Tex. Crim. App. · 2014 · confidence medium
United States v. Cores , 356 U.S. 405, 407 (1958).
cited Cited as authority (rule) Schmutz, Randy
Tex. Crim. App. · 2014 · confidence medium
United States v. Cores, 356 U.S. 405, 407 (1958).
cited Cited as authority (rule) United States v. Gordon, Carl
7th Cir. · 2008 · confidence medium
Id. at 464 ; United States v. Rodriguez-Rodriguez, 453 F.3d 458, 460-61 (7th Cir. 2006) (citing United States v. Cores, 356 U.S. 405, 408 (1958)).
discussed Cited as authority (rule) People v. Simon
Cal. · 2001 · confidence medium
As one leading criminal treatise explains: “The principal justification today for the venue requirement of trial in the vicinity of the crime is to ‘safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place.’ ” (1 Wharton’s Criminal Procedure (13th ed. 1989) § 34, p. 183, quoting United States v. Cores (1958) 356 U.S. 405, 407 [ 78 S.Ct. 875, 877 , 2 L.Ed.2d 873 ]; see, e.g., United States v. Johnson (1944) 323 U.S. 273, 275-278 [ 65 S.Ct. 249, 250-252 , 89 L.Ed. 236 ].) Finally, venue provisions also serve to protect the interests of the…
discussed Cited as authority (rule) United States v. Rodriguez-Moreno (2×)
SCOTUS · 1999 · confidence medium
Its command is reinforced by the Sixth Amendment's requirement that "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed," and is echoed by Rule 18 of the Federal Rules of Criminal Procedure ("prosecution shall be had in a district in which the offense was committed"). *279 As we confirmed just last Term, the "` locus delicti [of the charged offense] must be determined from the nature of the crime alleged and the location of the act or acts constituting it.' " …
cited Cited as authority (rule) United States v. Palma-Ruedas
3rd Cir. · 1997 · confidence medium
See also Travis v. United States, 364 U.S. 631, 635 (1961); United States v. Cores, 356 U.S. 405, 408 (1958).
examined Cited as authority (rule) Wright v. Superior Court (4×) also: Cited "see, e.g."
Cal. · 1997 · confidence medium
“The crime achieves no finality until such time.” (United States v. Cores (1958) 356 U.S. 405, 409 [ 78 S.Ct. 875, 878 , 2 L.Ed.2d 873 ]; see State v. Morse (1969) 54 N.J. 32, 35 [ 252 A.2d 723, 725 ] [“Although a violation . . . comes into being at the expiration of the [grace] period, there is nonetheless a continuing requirement that a person within the reach of the statute shall meet its terms.”]; see also Williams v. Superior Court, supra, 81 Cal.App.3d at pp. 343-344.) Determining if a particular violation of law constitutes a continuing offense is primarily a question of statuto…
discussed Cited as authority (rule) United States v. Thomas C. Reed (2×)
2d Cir. · 1985 · confidence medium
In United States v. Cores, 356 U.S. 405, 407, 410 , 78 S.Ct. 875, 877, 879 , 2 L.Ed.2d 873 (1958), it stated that the venue provisions were intended to protect defendants against the unfairness and hardship of prosecution in places remote from their homes.
discussed Cited as authority (rule) Borchardt v. United States
SCOTUS · 1984 · confidence medium
“The provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place.” United States v. Cores, 356 U. S. 405, 407 (1958)8 All of the evidence the Government relied upon in the second trial was available at the time of the first indictment, as witnessed by the Government’s use of the currency episodes to prove the importation conspiracy.
discussed Cited as authority (rule) Immigration & Naturalization Service v. Lopez-Mendoza (2×)
SCOTUS · 1984 · confidence medium
Although this Court has not construed the statute, it has suggested in dictum that this interpretation is correct, United States v. Cores, 356 U. S. 405, 408, n. 6 (1958), and it is relatively clear that such an interpretation is most consistent with the statutory language.
discussed Cited as authority (rule) United States v. Maylon K. London
11th Cir. · 1983 · confidence medium
Although the Supreme Court has made it clear that questions of venue and territorial jurisdiction are not to be taken lightly or treated as mere technicalities, United States v. Cores, 356 U.S. 405, 407 [ 78 S.Ct. 875, 877 , 2 L.Ed.2d 873 ] (1958); United States v. Johnson, 323 U.S. 273, 276 [ 65 S.Ct. 249, 250 , 89 L.Ed. 236 ] (1944), and the burden of proving that the crime occurred in the district of trial is squarely on the prosecution, United States v. Luton, 486 F.2d 1021, 1022, 1023 (5 Cir., 1973), cert. denied, 417 U.S. 920 [ 94 S.Ct. 2626 , 41 L.Ed.2d 225 ] (1974), the prosecution is …
cited Cited as authority (rule) John v. State
Wis. · 1980 · confidence medium
Toussie v. United States, 397 U.S. 112 , *189 125 (1970), (White, J., dissenting); United States v. Cores, 356 U.S. 405, 408-409 (1958).
discussed Cited as authority (rule) United States v. Disantillo, Michele Romeo
3rd Cir. · 1980 · confidence medium
Nor does the section necessarily pertain to any particular locality, such as the place of entry, for the Act broadly extends to willfully remaining “in the United States.” Id. at 408 , 78 S.Ct. at 878 (footnote omitted).
discussed Cited as authority (rule) John v. State
Wis. Ct. App. · 1979 · confidence medium
In United States v. Cores, 356 U.S. 405, 408 (1958), the United States Supreme Court held that a section of the Immigration and Nationality Act, prohibiting an alien *219 crewman from willfully remaining in the United States in excess of twenty-nine days allowed by a conditional landing permit, defined a continuing offense.
examined Cited as authority (rule) Toussie v. United States (8×) also: Cited "see", Cited "see, e.g."
SCOTUS · 1970 · confidence medium
United States v. Cores, 356 U. S. 405, 409 (1958); United States v. Kissel, 218 U. S. 601, 607 (1910); see Model Penal Code *125 § 1.07, Comment (Tent.
discussed Cited as authority (rule) Platt v. Minnesota Mining & Manufacturing Co. (2×)
SCOTUS · 1964 · confidence medium
As we said in United States v. Cores, 356 U. S. 405, 407 (1958): "The Constitution makes it clear that determination of proper venue in a criminal case requires determination of where the crime was committed. . . .
examined Cited "see" Quarles v. United States (4×)
SCOTUS · 2019 · signal: see · confidence high
See United States v. Cores , 356 U.S. 405 , 408, 78 S.Ct. 875 , 2 L.Ed.2d 873 (1958) ; see also Webster's New International Dictionary 2106 (2d ed. 1949); 8 Oxford English Dictionary 418 (1933).
examined Cited "see" United States v. Martin J. Bradley, Jr. (6×)
11th Cir. · 2011 · signal: see · confidence high
See United States v. Clines, 958 F.2d 578, 583 (4th Cir. 1992) (citing United States v. Cores, 356 U.S. 405, 407 , 78 S. Ct. 875, 877 , 2 L.
examined Cited "see" United States v. Bradley (5×)
11th Cir. · 2011 · signal: see · confidence high
See United States v. Clines, 958 F.2d 578, 583 (4th Cir. 1992) (citing United States v. Cores, 356 U.S. 405, 407 , 78 S.Ct. 875, 877 , 2 L.Ed.2d 873 (1958)).
examined Cited "see" United States v. Canal Barge Co., Inc. (11×)
6th Cir. · 2011 · signal: see · confidence high
See United States v. Cores, 356 U.S. 405 , 78 S.Ct. 875 , 2 L.Ed.2d 873 (1958); United States v. Rodriguez-Moreno, 526 U.S. 275 , 119 S.Ct. 1239 , 143 L.Ed.2d 388 (1999).
examined Cited "see" United States v. Kuemmerle (4×)
C.A.A.F. · 2009 · signal: see · confidence high
See United States v. Cores, 356 U.S. 405, 408-09 , 78 S.Ct. 875 , 2 L.Ed.2d 873 (1958).
Retrieving the full opinion text from the archive…
United States
v.
Cores
455.
Supreme Court of the United States.
May 19, 1958.
356 U.S. 405
John F. Davis argued the cause for the United States. On the brief were Solicitor General Rankin, Acting Assistant Attorney General McLean, Beatrice Rosenberg and Carl H. Imlay., By invitation of the Court, 355 U. S. 887, Clark M. Clifford argued the cause, as amicus curiae, in support of the judgment below. With him on a brief he filed, as amicus curiae, was Carson M. Glass.
Clark, Douglas, Black.
Cited by 195 opinions  |  Published
5 passages pin-cited by 13 cases
Pinpoint authority: #4,548 of 633,719
Citer courts: Second Circuit (9) · Ninth Circuit (6) · W.D. Texas (6) · D.C. Circuit (3) · District of Columbia (3) · District Court of Appeal of Fl… (3) · Fourth Circuit (2)

Lead Opinion

Mr. Justice Clark

delivered the opinion of the Court.

The sole issue in this appeal is whether an alien crewman who willfully remains in the United States in excess of the 29 days allowed by his conditional landing permit, in violation of § 252 (c) of the Immigration and Nationality Act,[1] is guilty of a continuing offense which may[*406] be prosecuted in the district where he is found. Discovering that appellee’s permit had expired before he entered the district where he was apprehended and where the prosecution was begun, the District Court dismissed the criminal information, holding that a violation of § 252 (c) was not a continuing crime. The Government brought direct appeal, 18 U. S. C. § 3731, and we noted probable jurisdiction. 355 U. S. 866 (1957). Since we conclude that the District Court was in error, the judgment is reversed and the case is remanded for further proceedings.

The information, filed in the United States District Court for the District of Connecticut, charged that appellee entered the United States at Philadelphia on April 27, 1955, and that 29 days later, at the expiration of his conditional landing permit, he “did wilfully and knowingly remain in the United States, to wit: Bethel, Connecticut,” in violation of § 252 (c) of the Immigration and Nationality Act. A plea of guilty was entered, but a government attorney informed the court prior to sentencing that appellee was not in Connecticut at the expiration of his permit as charged in the information, but that in fact he came to Connecticut only after spending about a year in New York. The judge permitted withdrawal of the guilty plea and dismissed the case. He cited an earlier decision of the same court holding that § 252 (c) did not define a continuing crime, United States v. Tavares, No. 9407 Crim., May 6, 1957, and indicated that the information was brought in an improper district since appellee was not in Connecticut at the time his permit expired.[2]

[*407] The Constitution makes it clear that determination of proper venue in a criminal case requires determination of where the crime was committed.[3] This principle is reflected in numerous statutory enactments, including Rule 18, Fed. Rules Crim. Proc., which provides that except as otherwise permitted, “the prosecution shall be had in a district in which the offense was committed ....” In ascertaining this locality we are mindful that questions of venue “raise deep issues of public policy in the light of which legislation must be construed.” United States v. Johnson, 323 U. S. 273, 276 (1944). The provision for trial in the vicinity of the crime is a safeguard against the unfairness and hardship involved when an accused is prosecuted in a remote place. Provided its language permits, the Act in question should be given that construction which will respect such considerations.

Unlike some statutory offenses,[4] there is an absence here of any specific provision fixing venue, save the[*408] general language of the Act providing for venue “at anyplace in the United States at which the violation may occur . ...”[5] In such cases the Court must base its determination on “the nature of the crime alleged and the location of the act or acts constituting it,” United States v. Anderson, 328 U. S. 699, 703 (1946), and if the Congress is found to have created a continuing offense, “the locality of [the] crime shall extend over the whole area through which force propelled by an offender operates.” United States v. Johnson, supra, at 275.

Section 252 (c) punishes “[a]ny alien crewman who willfully remains in the United States in excess of the number of days allowed.” The conduct proscribed is the affirmative act of willfully remaining, and the crucial word “remains” permits no connotation other than continuing presence. Nor does the section necessarily pertain to any particular locality, such as the place of entry, for the Act broadly extends to willfully remaining “in the United States.” [6] Appellee urges, however, that the offense is completed the moment the permit expires,[*409] and that even if the alien remains thereafter, he no longer commits the offense. It is true that remaining at the instant of expiration satisfies the definition of the crime, but it does not exhaust it. See United States v. Kissel, 218 U. S. 601, 607 (1910). It seems incongruous to say that while the alien “willfully remains” on the 29th day when his permit expires, he no longer does so on the 30th, though still physically present in the country. Given the element of willfulness, we believe an alien “remains,” in the contemplation of the statute, until he physically leaves the United States. The crime achieves no finality until such time. Since an offense committed in more than one district “may be inquired of and prosecuted in any district in which such offense was . . . continued,” 18 U. S. C. § 3237, venue for § 252 (c) lies in any district where the crewman willfully remains after the permit expires. Appellee entered Connecticut and was found there, so that district has venue for the prosecution.

The legislative history is not inconsistent with this interpretation of the statute. After a thorough investigation of our immigration laws completed some two years prior to the enactment of § 252 (c), the Senate Committee on the Judiciary reported, “The problems relating to seamen are largely created by those who desert their ships, remain here illegally beyond the time granted them to stay, and become lost in the general populace of the country.” S. Rep. No. 1515, 81st Cong., 2d Sess. 550. The tracing of such persons is complicated by the obscuration worked both by their own movement and by the passage of time. In this atmosphere the Congress sought to establish sanctions for alien crewmen who “willfully remain,” the Senate Committee having observed that traditional remedies for the problem were inadequate because many crewmen “do not have the necessary documents to permit deportation.” Ibid. It is hardly likely that the Congress would create the new sanction only to[*410] strip it of much of its effectiveness by compelling trial in the district where the crewman was present when his permit expired — a place which months or years later might well be impossible of proof.

Moreover, we think it not amiss to point out that this result is entirely in keeping with the policy of relieving the accused, where possible, of the inconvenience incident to prosecution in a district far removed from his residence. See Hyde v. Shine, 199 U. S. 62, 78 (1905); Johnston v. United States, 351 U. S. 215, 224 (dissent) (1956). Forcing an alien crewman to trial in the district where he was present at the expiration of his permit could entail much hardship. By holding the crime here to be a continuing one we make a valuable tool of justice available to the crewman. Rule 21 (b) of the Federal Rules of Criminal Procedure provides for transfer of the proceeding to another district on motion of the defendant if it appears that the offense was committed in more than one district, and “if the court is satisfied that in the interest of justice the proceeding should be transferred to another district or division in which the commission of the offense is charged.” The rule, with its inherent flexibility, would be inapplicable absent characterization of the offense as continuing in nature.

Reversed and remanded.

1

66 Stat. 221, 8 U. S. C. § 1282 (c). Subsection (a) authorizes immigration officers to grant permits, on certain conditions, allowing alien crewmen to land for periods up to 29 days. Subsection (b) details procedures for revocation of permits. Subsection (c) sets out the criminal penalties involved in this case:

“Any alien crewman who willfully remains in the United States in excess of the number of days allowed in any conditional permit[*406] issued under subsection (a) shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or shall be imprisoned for not more than six months, or both.”
2

Appellee suggests that the inconsistency in the date of the offense as alleged in the information and as represented by government[*407] counsel provides additional reason for upholding the dismissal. This phase of the case, however, is not before us, United States v. Borden Co., 308 U. S. 188, 206-207 (1939), so we confine our opinion to the point of statutory construction which clearly prompted the dismissal. Any inconsistency may be asserted by appellee on remand. See Fed. Rules Crim. Proc., 7 (e).

3

“The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed U. S. Const., Art. Ill, § 2, el. 3.

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed . . . .” U. S. Const., Amend. VI.
4

See, e. g., 18 U. S. C. § 659 (theft of goods in interstate commerce) ; 18 U. S. C. § 1073 (flight to avoid prosecution or giving testimony); 18 U. S. C. § 3236 (murder or manslaughter); 18 U. S. C. § 3239 (transmitting or mailing threatening communications); 32 Stat. 847, 34 Stat. 587, 49 U. S. C. §41 (1) (certain violations of Interstate Commerce Act). See 4 Barron, Federal Practice and Procedure, § 2061.

5

§ 279, Immigration and Nationality Act, 66 Stat. 230, 8 U. S. C. § 1329.

6

The offense here is unlike crimes of illegal entry set out in §§275 and 276 of the Act. 66 Stat. 229, 8 U. S. C. §§ 1325, 1326. Those offenses are not continuing ones, as “entry” is limited to a particular locality and hardly suggests continuity. Hence a specific venue provision in § 279 of the Act was required before illegal entry cases could be prosecuted at the place of apprehension. 66 Stat. 230, 8 U. S. C. § 1329. This reasoning underlay the request for specific legislation by the Immigration and Naturalization Service. See Analysis of S. 3455, 81st Cong., prepared by the General Counsel of the Service, p. 276-2. In contrast to illegal entry, the § 252 (c) offense of willfully remaining is continuing in nature. A specific venue provision would be mere surplusage, since prosecutions may be instituted in any district where the offense has"’been committed, not necessarily the district where the violation first occurred. The absence of such provision, therefore, is without significance.

Dissent

Mr. Justice Douglas,

with whom

The Chief Justice and Mr. Justice Black concur, dissenting.

The decision seems to me to be out of harmony with the statutory scheme of venue which Congress designed for immigration cases. We are here concerned with a crime under § 252 of the Immigration and Nationality Act of 1952, 66 Stat. 163, 220, 8 U. S. C. § 1282; viz. unlawfully remaining in the United States. Sections 275 and 276 describe crimes of unlawful entry. Section 279[*411] gives the District Courts jurisdiction over the trial of both types of crimes; and as to venue it provides:

“Notwithstanding any other law, such prosecutions or suits may be instituted at any place in the United States at which the violation may occur or at which the person charged with a violation under section 275 or 276 may be apprehended.”

When Congress wanted to lay venue in the district where the accused was “apprehended,” it said so. It would seem, therefore, that venue may be laid in the district where the alien was “apprehended” only in case of the crimes of unlawful entry. All other crimes are to be prosecuted in the district where the violation first occurred. It is no answer to say that this crime is different because it was “continuous.” See In re Snow, 120 U. S. 274, 281. As District Judge Smith said, the distinction drawn by § 279 between venue at the place of violation and venue at the place of apprehension “would be meaningless if violations such as the one in issue were regarded as continuous.” United States v. Tavares, supra.*

Moreover, the crime is completed when the conditional permit expires. All elements of the crime occur then. Nothing more remains to be done. It is then and there, Congress says, that the crime is “committed” in the sense that that term is employed in Art. Ill, § 2, cl. 3 of the Constitution and in the Sixth Amendment.

I would affirm the judgment of the District Court.

Congress has made its intent equally clear in analogous situations, see, e. g., 18 U. S. C. § 659, where the possession of certain stolen goods, certainly a continuing illegal status similar to remaining, is made a crime. Section 659 provides in pertinent part: “The offense shall be deemed to have been committed ... in any district in which the defendant may have taken or been in possession of the said money, baggage, goods, or chattels.”