United States of America v. Yvonne Boham

03-1665United States Court Of Appeals For The 1st CircuitJun 28, 2004

Full text

Not For Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 03-1665
UNITED STATES OF AMERICA,
Appellee,
v.
YVONNE BOHAM,
Defendant, Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Joseph A. DiClerico, Jr., U.S. District Judge]
Before
Selya, Circuit Judge,
Coffin, Senior Circuit Judge,
and Lynch, Circuit Judge.
Douglas J. Beaton for appellant.
Mark E. Howard, Assistant United States Attorney, with whom
Thomas P. Colantuono, United States Attorney, was on brief, for
appellee.
June 28, 2004

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-2-
Per Curiam. The instant appeal was consolidated for
argument in this court with, inter alia, an appeal in United States
v. Salinas, No. 03-2376. The opinion in Salinas, issued earlier
today, is dispositive of the question raised in this appeal.
Consequently, for the reasons set forth in our Salinas opinion, we
reverse the district court's venue determination, vacate Boham's
conviction, and remand with instructions to dismiss the indictment
without prejudice for lack of venue.
Reversed and remanded.

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