Biao

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF VENUE

The defendants move to dismiss the superseding indictment for lack of venue. The venue statute at issue, 18 U.S.C. § 3238 , governs venue for federal offenses committed on the high seas. Two questions are presented: (1) whether the defendants waived their challenge by failing to raise it until the close of the Government’s case; and (2) whether the filing of the original indictment before the defendants were brought to this district for prosecution precludes venue in this district under the circumstances of this case. For the reasons set forth below, the Court holds that the motion is timely, but fails on the merits. Accordingly, the motion is DENIED.

I. Background

On or around August 27, 1998, the Coast Guard stopped and detained a fishing boat called the Chih Yung in international waters, approximately 100 miles off the coast of Baja California, Mexico and approximately 100-150 miles from San Diego. The Chih Yung was detained and searched with the consent of the captain. The Coast Guard officers discovered over 150 Chinese passengers, most of whom were hidden from view below deck in a fish hold, as well as other…