Ramirez-Rodriguez
United States v. Ramirez-Rodriguez
Opinion
Lead Opinion
MEMORANDUM **
Pedro Ramirez-Rodriguez (“Ramirez”) entered a plea of guilty to being found unlawfully in the United States after having been deported in violation of 8 U.S.C. § 1326 . The plea agreement into which Ramirez entered preserved his right to appeal the district court’s determination that venue was proper in the Central District of California. On appeal, Ramirez contends that the district court erred in denying his motion to dismiss the indictment for improper venue, or, in the alternative, to transfer venue to the Eastern District of California. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
The United States Constitution and the Federal Rules of Criminal Procedure require that venue lie in the district where *896 the crime was committed. See U.S. Const, art. Ill, § 2, cl. 3; U.S. Const, amend. VI; Fed.R.Crim.P. 18. To decide whether the district court correctly determined that venue was proper in the Central District of California, we must first identify the conduct which constituted the…