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United States v. Perez

Drug conspiracy convictions and sentences affirmed; court's failure to instruct jury to determine whether venue alleged in indictment was proper was not reversible error because defendants failed to object to venue prior to close of prosecution's case, and there was no genuine issue of material fact with regard to proper venue.

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Argued: December 12, 2000

OPINION OF THE COURT

Defendants/Appellants Linette Perez (“Perez”), Juancho Alcantera (“Alcantera”), and Edmundo Batoon (“Batoon”) appeal their convictions on the charge of conspiracy to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in the District of New Jersey and elsewhere in violation of 21 U.S.C. S 846 and S 841(a)(1). All three were convicted by a jury in the United States District Court for the District of New Jersey. In this appeal, Appellants challenge their convictions on numerous grounds, one of which is a question of first impression for this Court — whether and under what circumstances the trial court must give a jury instruction on venue. Appellants Alcantera and Batoon also challenge the District Court’s ruling on a minor role reduction, and the attributable drug quantity, at sentencing. We affirm the convictions and sentences of each Appellant.

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