[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 20-12667 ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TIMOTHY J. SMITH,

Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Florida D.C. Docket No. 3:19-cr-00032-MCR-1 ____________________ USCA11 Case: 20-12667 Date Filed: 01/12/2022 Page: 2 of 20

2 Opinion of the Court 20-12667 Before WILLIAM PRYOR, Chief Judge, GRANT, and HULL, Circuit Judges. WILLIAM PRYOR, Chief Judge: This appeal concerns whether an accused can be tried in a venue where he did not commit any of the conduct elements of the charged crime. Timothy Smith is a software engineer and avid an- gler who obtained the coordinates of artificial fish