"[N] OT EVERY LEGAL QUESTION requires a law review article. Sometimes, common sense is enough." In United States v. Lozoya, the Ninth Circuit created a circuit split concerning proper venue for prosecution of assaults committed onboard aircraft.' The court held that, in the case of in-flight assaults, venue is proper in the "district above which the assault occurred," and declined to find venue statutorily conferred by 18 U.S.C. § 3237(a). Although the court's holding is sound, its opinion failed to provide guidance on how its narrow interpretation of § 3237 (a) is proper in light of constitutional principles. Additionally, the Ninth Circuit did not directly confront the chief criticism of its position-that it produces absurd results through impracticability-even though this critique is antiquated given technological advancement and the realities of modern air travel.
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