United States v. Rodriguez

In United States v. Rodriguez, 67 F.3d 1312 (7th Cir. 1995), the Court of Appeals for the Seventh Circuit affirmed the lower court's decision to sentence Rodriguez to life in prison for involvement in a conspiracy to deliver marijuana.

In response to Rodriguez's contention with respect to venue, the Court declared, "Mr. Rodriguez's contention with respect to venue is untimely. A defendant may waive the right to insist that the government establish venue. United States v. McDonough A defect not apparent on the face of the indictment may be raised in a motion for acquittal, United States v. Brandon, United States v. John, but Mr. Rodriguez's motion for acquittal did not raise the venue issue. Mr. Rodriguez did not request a jury instruction on venue or object to the failure to give one."