UNITED STATES – Appellant
Versus
RODRIGUEZ-MORENO, (1999) – Respondent
UNITED STATES v. RODRIGUEZ-MORENO, (1999)
No. 97-1139
Argued: December 7, 1998 Decided: March 30, 1999
A drug distributor hired respondent and others to find a New York drug dealer who stole cocaine from him during a Texas drug transaction and to hold captive the middleman in the transaction, Ephrain Avendano, during the search. The group drove from Texas to New Jersey to New York to Maryland, taking Avendano with them. Respondent took possession of a revolver in Maryland and threatened to kill Avendano. Avendano eventually escaped and called police, who arrested respondent and the others. Respondent was charged in a New Jersey District Court with, inter alia, using and carrying a firearm in relation to Avendanos kidnaping, in violation of 18 U. S. C. §924(c)(1). He moved to dismiss that count, arguing that venue was proper only in Maryland, the only place where the Government had proved he had actually used a gun. The court denied the motion, and respondent was convicted of the §924(c)(1) offense. The Third Circuit reversed. After applying what it called the "verb test," it determined that venue was proper only in the district where a defendant actually uses or carries a firearm.
Held: Venue in a prosecution for using or carrying a firearm "during and in relation to any crime of violence" in violation of §924(c)(1) is proper in any district where the crime of violence was committed. Under the locus delicti test, a court must initially identify the conduct constituting the offense (the nature of the offense) and then discern where the criminal acts occurred. See United States v. Cabrales,
121 F. 3d 841, reversed.
Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and OConnor, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which Stevens, J., joined.
UNITED STATES, PETITIONER v. JACINTO RODRIGUEZ-MORENO
on writ of certiorari to the united states court of appeals for the third circuit
[March 30, 1999]
Justice Thomas delivered the opinion of the Court.
This case presents the question whether venue in a prosecution for using or carrying a firearm "during and in relation to any crime of violence," in violation of 18 U. S. C. §924(c)(1), is proper in any district where the crime of violence was committed, even if the firearm was used or carried only in a single district. I
During a drug transactio