United States v. Mark Casch

448 F.3d 1115 UNITED STATES of America, Plaintiff-Appellee, v. Mark CASCH, Defendant-Appellant. No. 05-30270. United States Court of Appeals, Ninth Circuit. Submitted May 1, 2006. * Filed May 24, 2006. Greg Silvey, Boise, ID, for the defendant-appellant. Nancy Cook, Assistant United States Attorney, Coeur d'Alene, ID, for the plaintiff-appellee. Appeal from the United States District Court for the District of Idaho; Edward J. Lodge, District Judge, Presiding. D.C. No. CR-04-00106-EJL. Before: NOONAN, TASHIMA, and FLETCHER, Circuit Judges. NOONAN, Circuit Judge: 1 Mark Casch appeals his conviction of conspiracy to possess with intent to distribute methamphetamine and cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. He contends that the court erred by failing to instruct on venue and consequently allowing him to be convicted on conduct uncharged in the indictment. Ruling on an issue of first impression in this circuit, we affirm the judgment of the district court. PROCEEDINGS 2 On February 23, 2005, Casch was charged in a single paragraph superseding indictment with conspiracy, from July 1999 to May 18, 2004, to possess with intent to distribute 500 grams or more…