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532 F.2d 445

Docket No. 75-4334

Kitchen v. United States

Fifth Circuit Court of Appeals

Decided May 27, 1976.

Rehearing Denied June 25, 1976.

Fifth Circuit Court of Appeals · decided 1976-05-27

2 counsel of record

Key passage — most relied on by later courts

“Defects relating to venue are waived unless asserted prior to trial.”

quoted by 2 later decisions, including United States v. Dabbs, United States of America v. Miguel Carreon-Palacio

“first raised the issue of venue over a year after sentencing”

quoted by 1 later decision, including United States of America v. Miguel Carreon-Palacio

Applies 18 U.S.C. § 2 · 21 U.S.C. § 841 (§ 401 of the Controlled Substances Act) · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · United States v. Graves · Harper v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1976-05-27

How this case has been cited

Cited by 8 later decisions — most recently September 2001

6 federal appellate ·

301976198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Summary Calendar.*

¶2*446Michael H. Blacker, Miami, Fla., for petitioner-appellant.

¶3Robert W. Rust, U. S. Atty., Joel C. Fanning, Asst. U. S. Atty., Miami, Fla., for respondent-appellee.

¶4Before GODBOLD, DYER and MORGAN, Circuit Judges.

¶6PER CURIAM:

¶7On May 26,1974, Kitchen, represented by counsel, was convicted in a nonjury trial for the distribution and possession with the intent to distribute 56 grams of phencyclidine and 16 grams of cocaine in violation of 21 U.S.C.A. § 841(a)(1) and 18 U.S.C.A. § 2. The conviction was affirmed on direct appeal. Thereafter, Kitchen filed a motion to vacate sentence pursuant to 28 U.S.C.A. § 2255 on the ground that the Government failed to prove that the alleged offenses were committed in the Southern District of Florida. The district court denied relief. We affirm.

¶8Kitchen first raised the issue of venue over a year after sentencing. Defects relating to venue are waived unless asserted prior to trial. Harper v. United States, 5 Cir. 1967, 383 F.2d 795. In any event, there is ample proof that the drugs were sold in the Southern District of Florida. Cf. United States v. Graves, 5 Cir. 1970, 428 F.2d 196.

¶9AFFIRMED.

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