explaining that “where the fact of improper venue is apparent on the face of the indictment, it has been uniformly held that the objection is waived if not presented before the close of the Government’s case” (citing Wright’s Federal Practice & Procedure: Criminal § 306)
How later courts described this case
- explaining that “where the fact of improper venue is apparent on the face of the indictment, it has been uniformly held that the objection is waived if not presented before the close of the Government’s case” (citing Wright’s Federal Practice & Procedure: Criminal § 306)
- holding that "federal courts have the inherent power to order a defendant to submit to and cooperate with examination by a Government psychiatrist where the defendant’s insanity has been made an issue in the case”
- explaining that to seize a plane with a “wrongful intent” means to act with “the general criminal intent present when one seizes or exercises control of an aircraft without having any legal right to do so.”
- concluding that the district court did not abuse its discretion when it compelled the defendant to submit to a government psychiatrist’s evaluation
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by United States v. Darrell Eugene Lawson, 653 F.2d 299 (1981)
United States v. Clark , 728 F.3d 622, 623 (7th Cir. 2013) ; see also United States v. Bohle , 445 F.2d 54, 59 (7th Cir. 1971) ("An Indictment alleges proper venue when it alleges facts which, if proven, would sustain venue."), overruled on other grounds by United States v. Lawson , 653 F.2d 299 (7th Cir. 1981).
The opinion
CUMMINGS, Circuit Judge
(concurring).
For the reasons ably expressed by Chief Judge Sobeloff in Thomas v. Hogan, 308 F.2d 355, 358, 361 (4th Cir. 1962), it is my judgment that the diagnostic materials found in Exhibit A should have been admitted for the truth of the matters asserted. This is the position taken by the Supreme Court’s Advisory Committee on Uniform Rules of Evidence. See Proposed Rule 803(6) and the note thereon. 51 F.R.D. 315 , 420, 426-429.