Paluch

MEMORANDUM **

Robert Paluch was convicted of three counts of smuggling merchandise into the *743 United States in violation of 18 U.S.C. § 545 , and one count of conspiracy to smuggle merchandise, in violation of 18 U.S.C. § 371 . The district court sentenced him to 24 months in prison to be followed by three years of supervised release. He challenges his conviction and sentence on several grounds. We affirm. 1 Venue

Paluch argues first that his and his alleged co-conspirators’ conduct occurred entirely within Phoenix, Arizona or outside the United States-not in Oakland-and that the District of Arizona, not the Northern District of California, is therefore the proper venue. However, an offense involving the use of the mail, including importation, may be prosecuted in any district through which the imported item moved. 18 U.S.C. § 3237 (a). Because the illegal shipments were sent through the Northern District of California, venue was proper there.

Paluch next argues that, although some of the shipments passed through Oakland, there was no evidence that the December 3, 1997 shipment (count 33) did so, and that venue in the Northern District of California was therefore improper as…