18 U.S.C. § 3238

Offenses not committed in any district

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The trial of all offenses begun or committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district in which the offender, or any one of two or more joint offenders, is arrested or is first brought; but if such offender or offenders are not so arrested or brought into any district, an indictment or information may be filed in the district of the last known residence of the offender or of any one of two or more joint offenders, or if no such residence is known the indictment or information may be filed in the District of Columbia.

Notes of Decisions
Cited in 149 cases (19 in the last 5 years), 1948–2026 · leading case: United States v. Nicholas Slatten, 865 F.3d 767 (D.C. Cir. 2017).
United States v. Nicholas Slatten, 865 F.3d 767 (D.C. Cir. 2017). · cites it 6× “18 U.S.C. § 3238 . The defendants argue the government improperly used the arrest of Jeremy Ridgeway, one of the other turret gunners who fired in Nisur Square, to satisfy the venue statute because (1) Ridgeway was not arrested in connection with their charged offenses, (2) he…”
United States v. Roberth Rojas, 812 F.3d 382 (5th Cir. 2016). · cites it 5× “In support of its interpretation, the court emphasized that the Maritime Drug Act’s venue provision should be read alongside the venue provision in 18 U.S.C. § 3238 , which concerns offenses not committed in any dis *395 trict, and which locates jurisdiction in the “district in…”
United States v. Monique Lozoya, 982 F.3d 648 (9th Cir. 2020). · cites it 11× “Dissenting in part and concurring in the judgment, Judge Ikuta, joined by Judges Collins and Lee, wrote that under the correct venue statute, 18 U.S.C. § 3238 , the trial for an assault on a cross-country flight can be held only where the defendant “is arrested or is first…”
United States v. Holmes, 670 F.3d 586 (4th Cir. 2012). · cites it 4× “Doumar, who initially denied, but on sua sponte reconsideration granted, Holmes’ motion to dismiss the second indictment for lack of venue under 18 U.S.C. § 3238 . See United States v. Holmes, 618 F.”
Reid v. Covert, 354 U.S. 1 (1957). · cites it 4× “is persuasive evidence that no qualification was intended.”
United States v. Laurence John Layton, 855 F.2d 1388 (9th Cir. 1988). · cites it 3× “He bases his argument on 18 U.S. C. § 3238, which provides in pertinent part: The trial of all offenses begun or committed .”
United States v. Sherrie Diane Fraser, 709 F.2d 1556 (6th Cir. 1983). · cites it 7× “Fraser was indicted in Nashville under 18 U.S.C. § 3238 . 1 At the time of the indictment she was living with an escaped felon in Canada and “out of the jurisdiction of any state.”
United States v. Rick Dean Stickle, 454 F.3d 1265 (11th Cir. 2006). · cites it 5× “Whether the government established venue under 18 U.S.C. § 3238 for count II of the indictment in the Southern District of Florida, the district of the last known residence of one of the joint offenders, where the offense was committed upon the high seas.”
United States v. Don H. Pace, 314 F.3d 344 (9th Cir. 2002). · cites it 3× “Alternatively, the government contends that venue was proper under the “high seas” statute, 18 U.S.C. § 3238 , because the wire transfers originated in Mexico.”
United States v. Jeong Seon Han, 199 F. Supp. 3d 38 (D.D.C. 2016). · cites it 4× “18 U.S.C. § 3238 Article III of the United States Constitution requires that the trial of all crimes “be held in the State where the said Crimes shall have been committed.”
United States v. Rami Ghanem, 993 F.3d 1113 (9th Cir. 2021). · cites it 4× “The defendant contends that because he was “arrested” in Greece and “first brought” to the Eastern District of New York, venue under 18 U.S.C. § 3238 would lie only in the Eastern District of New York and was improper in the Central District of California.”
United States v. Wharton, 320 F.3d 526 (5th Cir. 2003). · cites it 2× “” 18 U.S.C. § 3238 . Webb was murdered in Haiti and Defendant was arrested in Fort Myers, Florida, therefore, Defendant argues that venue properly rests with the Middle District of Florida.”
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