Published on: Wednesday, December 27, 2023
Midwesterners love to debate what is in the Midwest, including whether and which Plains states are Midwestern. While Midwest purists and maximalists may disagree about where Nebraska fits, they would all agree that the Cornhusker State is definitely not on the West Coast. So why is this former Nebraska congressman—charged with lying to the FBI in Lincoln and D.C.— tried and convicted in Los Angeles? Ninth Circuit: We are as flummoxed as the folks in the Training Division. LA is not the proper venue. Conviction vacated for violating the Constitution's Venue and Vicinage Clauses.
The case is United States v. Fortenberry, 22-50144 (9th Cir. Dec. 26, 2023).