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UNITED STATES v. AMADOR

October 1, 1964

UNITED STATES of America, Plaintiff,
v.
Jaime AMADOR CASANAS, Frank Chavez, Luis E. Pagan Colon, Humberto Trias Conde, Defendants



The opinion of the court was delivered by: CURRAN

The defendants in the above-entitled cause have been indicted by a Grand Jury in the District of Columbia for violations of Section 1341 and Section 1343 of Title 18 of the United States Code. Counts 1 through 7 allege a violation of the mail fraud statute and Counts 8 through 21 allege a violation of fraud by wire.

The defendants have filed the following motions:

 1. Motion to dismiss

 2. Motion for Bill of Particulars

 3. Motion to transfer this case to the District of Puerto Rico

 4. Motion for production of documents and inspection.

 The motion to dismiss and the motion for a Bill of Particulars are denied. The Government, under an appropriate order of this Court designating the time and place, has voluntarily agreed to submit all the items called for in the motion for production of documents and inspection, etc.

 The one remaining motion is the one to transfer. Rule 21(b) of the Federal Rules of Criminal Procedure is as follows:

 '(b) Offense Committed in Two or More Districts or Divisions.

 'The court upon motion of the defendant shall transfer the proceeding as to him to another district or division, if it appears from the indictment or information or from a bill of particulars that the offense was committed in more than one district or division and if the court is satisfied that in the interest of justice the proceeding should be transferred to another district or division in which the commission of the offense is charged'.

 Also pertinent is Section 3237(a) of Title 18, United States Code:

 ' ยง 3237. Offenses begun in one district and completed in another '(a) Except as otherwise expressly provided by enactment of Congress, any offense against the United States begun in one district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed.

 'Any offense involving the use of the mails, or transportation in interstate or foreign commerce, is a continuing offense and, except as otherwise expressly provided by enactment of Congress, may be inquired of and prosecuted in any district from, through, or into which such commerce or mail matter moves.'

 Venue cannot be established in Puerto Rico for Counts 1 through 7 of the indictment, and it follows, therefore, that those counts cannot be transferred. Only Counts 8 through 21 may be transferred, assuming that this Court has the power to transfer some of the counts in a multiple count indictment. Rule 21(b), Federal Rules of Criminal Procedure, does not authorize ...


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