MUHLENBROICH

v.

HEINZE, WARDEN

Citator

Cited By

• United States v. Hayutin, 398 F.2d 944 (2d Cir. 1968)
  …ne, by mail and in person— were conducted from this address6 and the mailing from the Wall Street address was in no manner questioned at the trial. Venue was sufficiently established (Hill v. United States, 284 F. 2d 754 (9th Cir., 1960), cert. den. 365 U.S. 873, 81 S.Ct. 908, 5 L.Ed.2d 862). Second, Nash complains that the charge of the Court was erroneous because, over his objections, it was charged that “a principal is responsible for the crimes of his agent.” The general tenor of this contention is tha…
• United States v. Braver, 450 F.2d 799 (2d Cir. 1971)
  …03-28. Whatever the merits of this approach, we have not been asked to reconsider our use of a subjective test. . See, e. g., the rule in some other circuits on the issue of venue. Hill v. United States, 284 F. 2d 754, 755 (9th Cir.), cert, denied, 365 U.S. 873, 81 S.Ct. 908, 5 L.Ed.2d 862 (1961) (Government must prove by preponderance of evidence) ; 1 Working Papers 12-13. . See, e. g., 15 U.S.C. § 80a-48; N.Y. Penal Law, § 25.00(2) (McKinney’s Consol.Laws 1967) ; See also Leland v. Oregon, 343 U.S. 790,…
• United States v. Aldridge, 484 F.2d 655 (7th Cir. 1973)
  …il fraud charges on which he was convicted. In this regard, the government’s burden is to demonstrate venue by a preponderance of the evidence rather than beyond a reasonable doubt. Hill v. United States, 284 F. 2d 754 (9th Cir. 1961), cert, denied, 365 U.S. 873, 81 S.Ct. 908, 5 L.Ed.2d 862 (1961). Either direct or circumstantial evidence may be employed to establish venue. United States v. Mendell, 447 F. 2d 639, 641 (7th Cir. 1971), cert, denied. 404 U.S. 991, 92 S.Ct. 535, 30 L.Ed.2d 542 (1971). Here the…