United States V. Lozoya
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-50336 Plaintiff-Appellee, D.C. No. v. 2:16-cr-00598- AB-1 MONIQUE A. LOZOYA, Defendant-Appellant. OPINION Appeal from the United States District Court for the Central District of California Andre Birotte, Jr., District Judge, Presiding Submitted En Banc May 26, 2020* San Francisco, California Filed December 3, 2020 Before: Sidney R. Thomas, Chief Judge, and M. Margaret McKeown, William A. Fletcher, Jay S. Bybee, Sandra S. Ikuta, Jacqueline H. Nguyen, Paul J. Watford, John B. Owens, Mark J. Bennett, Daniel P. Collins and Kenneth K. Lee, Circuit Judges. Opinion by Judge Bennett; Partial Concurrence and Partial Dissent by Judge Ikuta * The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 2 UNITED STATES V. LOZOYA SUMMARY** Criminal Law The en banc court affirmed a conviction for misdemeanor assault within the special aircraft jurisdiction of the United States, in a case in which the defendant, who committed the assault on a commercial flight from Minneapolis to Los Angeles, argued that venue in the Central District of California was improper because the assault did not occur in airspace directly above the Central District. The en banc court held that the Constitution does not limit venue for in-flight federal crimes to the district sitting directly below a plane at the moment a crime was committed, and that venue thus “shall be at such Place or Places as the Congress may by Law have directed.” U.S.
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