Monique A. Lozoya v. United States
Arbitration JusticiabilityDoctri
Is the airspace above a State part of that State, for purposes of the Constitution's provisions permitting venue only in the State and district where a crime was committed?
Questions Presented 1. Is the airspace above a State part of that State, and thus the federal district or districts including that State, for purposes of the Constitution’s provisions permitting venue only in the State and district where a crime was committed? 2. For crimes committed on aircraft within domestic U.S. airspace, do the Constitution and 18 U.S.C. §§ 3237 and 3238 permit venue in the district where the plane lands, regardless of where the plane was when the crime was committed? 3. When the government fails to meet its trial burden to prove venue in the district where the trial occurs, is the remedy a judgment of acquittal or only dismissal without prejudice to refiling in the proper district? ii