United States Fourth Circuit

A conviction under 18 U.S.C. section 228(a)(3) for willfully failing to pay child support is affirmed over two challenges to the district court's jury instructions on venue where: 1) the district court did not err when it defined "resided" as "the act or fact of living in a given place permanently or for an extended period of time," and the evidence was sufficient, for purposes of venue, to establish that defendant resided in the Eastern District of Virginia during the time period alleged in the indictment; and 2) even assuming the district court's instruction was erroneous, defendant could not show any harm.

Appellate Information

• Argued 05/14/2010
• Decided 06/15/2010
• Published 06/15/2010

Judges

• Before DUNCAN, Circuit Judge, HAMILTON, Senior Circuit Judge, and ARTHUR L. ALARCÓN, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Robert James Wagner, Office of the Federal Public Defender, Richmond, Virginia, for Appellant. Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF:Michael S. Nachmanoff, Federal Public Defender, Frances H. Pratt, Assistant Federal Public Defender, Office of the Federal Public Defender, Alexandria, Virginia, for Appellant. Dana J. Boente, United States Attorney, Alexandria, Virginia, for Appellee.