United States Ninth Circuit

The error of failing to instruct on venue is subject to harmless error analysis. A conviction for conspiracy to possess with intent to distribute methamphetamine and cocaine is affirmed where the evidence that defendant committed conspiracy in Idaho was "substantial" and "uncontroverted," and thus, a district court's error in failing to instruct on venue was harmless.

Appellate Information

• Decided 05/24/2006
• Published 05/24/2006

Judges

• NOONAN, Circuit Judge:, Before: NOONAN, TASHIMA, and FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Greg Silvey, Boise, ID, for the defendant-appellant., Nancy Cook, Assistant United States Attorney, Coeur d'Alene, ID, for the plaintiff-appellee.