RICHARD BRUCE KITCHEN, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
RICHARD BRUCE KITCHEN, PETITIONER-APPELLANT,
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
532 F.2d 445
Court of Appeals for the Fifth Circuit (1976)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
On May 26,1974, Kitchen, represented by counsel, was convicted in a nonjury trial for the distribution and possession with the intent to distribute 56 grams of phencyclidine and 16 grams of cocaine in violation of 21 U.S.C.A. § 841(a)(1) and 18 U.S.C.A. § 2. The conviction was affirmed on direct appeal. Thereafter, Kitchen filed a motion to vacate sentence pursuant to 28 U.S.C.A. § 2255 on the ground that the Government failed to prove that the alleged offenses were committed in the Southern District of Florida. The district court denied relief. We affirm.
Kitchen first raised the issue of venue over a year after sentencing. Defects relating to venue are waived unless asserted prior to trial. Harper v. United States, 5 Cir. 1967, 383 F. 2d 795. In any event, there is ample proof that the drugs were sold in the Southern District of Florida. Cf. United States v. Graves, 5 Cir. 1970, 428 F. 2d 196.
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Stratton, 649 F.2d 1066 (5th Cir. 1981)
-
United States v. Bennie Ray Winship, 724 F.2d 1116 (5th Cir. 1984)
-
United States v. Dabbs, 134 F.3d 1071 (11th Cir. 1998)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Graves, 428 F.2d 196 (5th Cir. 1970)
- Harper v. United States, 383 F.2d 795 (5th Cir. 1967)