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8 Tex. A&M L. Rev. Arguendo 1 (2020-2021)

handle is hein.journals/tsamlw8 and id is 1 raw text is: Volume 8 Texas A&M Law Review Arguendo 2020 UNITED STATES V. LozoA: THE TURBULENCE OF ESTABLISHING VENUE FOR IN-FLIGHT OFFENSES by: Daeja Pemberton* Abstract The U.S. Constitution protects one's right to a fair trial in a proper venue. Typically, venue is proper in whatever territorial jurisdiction a defendant commits an offense. But this rule is not as clear-cut when the offense takes place in a special jurisdiction, such as American airspace. A court must then determine whether the offense continued into the venue ofarrival, making itproper under the Constitution. This issue was reexamined when Monique Lozoya assaulted another passenger on an airplane during a domestic flight. In United States v. Lozoya, the Ninth Circuit Court ofAppeals failed to correctly identify the assault as a continuing offense and in doing so risked harming the criminal procedure process for prosecutors and offenders alike. DOI: https://doi.org/10.37419/LR.V8.Arg.1 * J.D. Candidate, Texas A&M University School of Law, May 2022; B.S. in Meteorology, Texas A&M University, May 2019. The Author would like to thank her family for their continued love and support throughout the years. The Author would also like to thank Professor Lori Kaspar-Coker, her first-year legal writing professor, for her patience and guidance in helping the Author develop her legal writing skills. 1