United States v. Sitzmann, No. 15-3074 (D.C. Cir. 2018)Annotate this Case
The DC Circuit affirmed defendant's conviction for conspiracy to distribute and possess with the intent to distribute five kilograms or more of cocaine. The court held that the presumption against extraterritoriality applied in this case and the evidence showed that the relevant conduct occurred in the United States; the court rejected defendant's "manufactured venue" claim and the district court did not err in determining that venue was not a question for the jury to decide; and the court rejected defendant's contention that venue was not proper in D.C. The court held that defendant was not denied due process of law and he failed to establish a violation under Brady v. Maryland. Finally, the court rejected defendant's claim that the government knowingly presented false evidence at trial in violation of Napue v. Illinois. The court rejected defendant's remaining claims.