United States v. Rodriguez-Moreno
United States v. Rodriguez-Moreno
Opinion of the Court
delivered the opinion of the Court.
This ease presents the question whether venue in a prosecution for using or carrying a firearm “during and in relation to any crime of violence,” in violation of 18 U. S. C. § 924(e)(1), is proper in any district where the crime of violence vías committed, even if the firearm was used or carried only in a single district.
I
During a drug transaction that took place in Houston, Texas, a New York drug dealer stole 80 kilograms of a Texas drug distributor’s cocaine. The distributor hired respondent, Jacinto Rodríguez-Moreno, and others to find the dealer and to hold captive the middleman in the transaction,
Shortly after respondent and the others arrived at the Maryland house, the owner of the home passed around a .357 magnum revolver and respondent took possession of the pistol. As it became clear that efforts to find the New York drug dealer would not bear fruit, respondent told his employer that he thought they should kill the middleman and end their search for the dealer. He put the gun to the back of Avendano’s neck but, at the urging of his cohorts, did not shoot. Avendano eventually escaped through the back door and ran to a neighboring house. The neighbors called the Maryland police, who arrested respondent along with the rest of the kidnapers. The police also seized the .357 magnum, on which they later found respondent’s fingerprint.
his codefendants were tried jointly in the United States District Court for the District of New Jersey. Respondent was charged with, inter alia, conspiring to kidnap Avendano, kidnaping Avendano, and using and carrying a firearm in relation to the kidnaping of Avendano, in violation of 18 U. S. C. § 924(c)(1). At the conclusion of the Government’s case, respondent moved to dismiss the § 924(c)(1) count for lack of venue. He argued that venue was proper only in Maryland, the only place where the Government had proved he had actually used a gun. The District Court denied the motion, App. 54, and the jury found respondent guilty on the kidnaping counts and on the § 924(c)(1) charge as well. He was sentenced to 87 months’ imprisonment on the kidnaping charges, and was given a mandatory consecutive term of 60 months’ imprisonment for committing the § 924(c)(1) offense.
b-i 5 — 1
Article III of the Constitution requires that “[t]he Trial of all Crimes . . . shall be held in the State where the said Crimes shall have been committed.” Art. Ill, § 2, cl. 3. Its command is reinforced by the Sixth Amendment’s requirement that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed,” and is echoed by Rule 18 of the Federal Rules of Criminal Procedure (“prosecution shall be had in a district in which the offense was committed”).
committed the offense and was tried, 18 U. S. C. § 924(e)(1) provided:
“Whoever, during and in relation to any crime of violence ... for which he may be prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence ... be sentenced to imprisonment for five years ... .”3
The Third Circuit, as explained above, looked to the verbs of the statute to determine the nature of the substantive of
In our view, the Third Circuit overlooked an essential conduct element of the § 924(c)(1) offense. Section 924(c)(1) prohibits using or carrying a firearm “during and in relation to any crime of violence ... for which [a defendant] may be prosecuted in a court of the United States.” That the crime of violence element of the statute is embedded in a prepositional phrase and not expressed in verbs does not dissuade us from concluding that a defendant’s violent acts are essential conduct elements. To prove the charged § 924(c)(1) violation in this case, the Government was required to show that respondent used a firearm, that he committed all the acts necessary to be subject to punishment for kidnaping (a crime of violence) in a court of the United States, and that he used the gun “during and in relation to” the kidnaping of Avendano. In sum, we interpret § 924(c)(1) to contain two distinct conduct elements — as is relevant to this case, the “using and carrying” of a gun and the commission of a kidnaping.
As we said in United States v. Lombardo, 241 U. S. 73 (1916), “where a crime consists of distinct parts which have different localities the whole may be tried where any part can be proved to have been done.” Id., at 77; cf. Hyde v. United States, 225 U. S. 347, 356-367 (1912) (venue proper
* * *
We hold that venue for this prosecution was proper in the district where it was brought. The judgment of the Court of Appeals is therefore reversed.
It is so ordered.
When we first announced this test in United States v. Anderson, 328 U. S., at 703, we were comparing § 11 of the Selective Training and Service Act of 1940, 54 Stat. 894, in which Congress did “not indicate where [it] considered the place of committing the crime to be,” 328 U. S., at 703, with statutes where Congress was explicit with respect to venue. Title 18 U. S. C. § 924(c)(1), like the Selective Training and Service Act, does not contain an express venue provision.
The Government argues that venue also may permissibly be based upon the effects of a defendant’s conduct in a district other than the one in which the defendant performs the acts constituting the offense. Brief for United States 16-17. Because this ease only concerns the locus de-licti, we express no opinion as to whether the Government’s assertion is correct.
The statute recently has been amended, see Pub. L. 105-386, 112 Stat. 3469, but it is not argued that the amendment is in any way relevant to our analysis in this case.
By way of comparison, last Term in United States v. Cabrales, 524 U. S. 1 (1998), we considered whether venue for money laundering, in violation of 18 U. S. C. §§ 1956(a)(1)(B)(ii) and 1957, was proper in Missouri, where the laundered proceeds were unlawfully generated, or rather, only in Florida, where the prohibited laundering transactions occurred. As we interpreted the laundering statutes at issue, they did not proscribe “the anterior criminal conduct that yielded the funds allegedly laundered.” Cabrales, 524 U. S., at 7. The existence of criminally generated proceeds was a circumstance element of the offense but the proscribed conduct— defendant’s money laundering activity — occurred “‘after the fact’ of an offense begun and completed by others.” Ibid. Here, by contrast, given
Dissenting Opinion
with whom Justice Stevens joins, dissenting.
I agree with the Court that in deciding where a crime was committed for purposes of the venue provision of Article III, §2, of the Constitution, and the vicinage provision of the Sixth Amendment, we must look at “the nature of the crime alleged and the location of the act or acts constituting it.” Ante, at 279 (quoting United States v. Cabrales, 524 U. S. 1, 7 (1998), in turn quoting United States v. Anderson, 328 U. S. 699, 703 (1946)) (internal quotation marks omitted). I disagree with the Court, however, that the crime defined in 18 U. S. C. § 924(c)(1) is “committed” either where the defendant commits the predicate offense or where he uses or carries the gun. It seems to me unmistakably clear from the text of the law that this crime can be committed only where the
At the time of respondent’s alleged offense, § 924(c)(1) read:
“Whoever, during and in relation to any crime of violence or drug trafficking crime ... for which he may he prosecuted in a court of the United States, uses or carries a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for five years.”
This prohibits the act of using or carrying a firearm “during” (and in relation to) a predicate offense. The provisions of the United States Code defining the particular predicate offenses already punish all of the defendant’s alleged criminal conduct except his use or carriage of a gun; § 924(c)(1) itself criminalizes and punishes such use or carriage “during” the predicate crime, because that makes the crime more dangerous. Cf. Muscarello v. United States, 524 U. S. 125, 132 (1998). This is a simple concept, and it is embodied in a straightforward text. To answer the question before us we need only ask where the defendant’s alleged act of using a firearm during (and in relation to) a kidnaping occurred. Since it occurred only in Maryland, venue will lie only there.
on United States v. Lombardo, 241 U. S. 73, 77 (1916), for the proposition that “‘where a crime consists of distinct parts which have different localities the whole may be tried where any part can be proved to have been done.’ ” Ante, at 281. The fallacy in this reliance is that the crime before us does not consist of “distinct” parts that can occur in different localities. Its two parts are bound inseparably together by the word “during.” Where the gun is being used, the predicate act must be occurring as well, and vice versa. The Court quite simply reads this requirement out of the statute — as though there were no difference between a statute making it a crime to steal a cookie
The Court believes its holding is nature of the kidnaping predicate offense, which invokes the statute providing that “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.” 18 U. S. C. § 3237(a). To disallow the New Jersey prosecution here, the Court suggests, is to convert § 924(c)(1) from a continuing offense to a “point-in-time” offense. Ante, at 281. That is simply not so. I in no way contend that the kidnaping, or, for that matter, the use of the gun, can occur only at one point in time. Each can extend over a protracted period, and in many places. But § 924(e)(1) is violated only so long as, and where, both continuing acts are being committed simultaneously. That is what the word “during” means. Thus, if the defendant here had used or carried the gun throughout the kidnaping, in Texas, New Jersey, New York, and Maryland, he could have been prosecuted in any of those States. As it was, however, he used a gun during a kidnaping only in Maryland.
Finally, the Government contends “use or carry” element of § 924(c)(1) is “difficult to square” with the cases holding that there can be only one § 924(c)(1) violation for each predicate offense. Reply Brief for United States 9 (citing United States v. Palma-Ruedas, 121 F. 3d 841, 862-868 (CA3 1997) (Alito, J., concurring in part and dissenting in part) (case below)). See, e. g., United States v. Anderson, 59 F. 3d 1323, 1328-1334 (CADC) (en banc), cert. denied, 516 U. S. 999 (1995); United States v. Taylor, 13 F. 3d 986, 992-994 (CA6 1994); United States v. Lindsay, 985 F. 2d 666, 672-676 (CA2), cert. denied, 510 U. S. 832 (1993). This
The short of the matter is that this defendant, who has a constitutional right to be tried in the State and district where his alleged crime was “committed,” U. S. Const., Art. Ill, §2, el. 3; Arndt. 6, has been prosecuted for using a gun during a kidnaping in a State and district where all agree he did not use a gun during a kidnaping. If to state this case is not to decide it, the law has departed further from the meaning of language than is appropriate for a government that is supposed to rule (and to be restrained) through the written word.
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