United States v. Obak

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Defendant appealed his conviction in the United States District Court for the District of Guam based on his guilty plea for attempted possession of methamphetamine with intent to distribute. The Ninth Circuit affirmed the conviction and rejected defendant's argument that his constitutional right under Article III, Section 2, clause 3 and the Sixth Amendment to be tried in a state or district where the crime was committed was violated because Guam is neither a state nor a district. The panel held that Congress never extended Article III, Section 2, clause 3 to Guam. The panel explained that the Sixth Amendment, which provides for the right to a jury trial in "the State and district wherein the crime shall have been committed," did apply to Guam. Congress deemed Guam a "district," defendant's crime occurred in part in the district of Guam, and therefore venue in Guam was proper. View "United States v. Obak" on Justia Law