United States v. Cores

Background

The government prosecuted an alien crewman who entered the United States at Philadelphia on April 27, 1955, with a conditional landing permit for 29 days. The information charged that when the permit expired the crewman “did wilfully and knowingly remain in the United States, to wit: Bethel, Connecticut.” A guilty plea was withdrawn after a government attorney said the man had spent about a year in New York before coming to Connecticut, and the District Court dismissed the case because it held the offense was not continuing.

Reasoning

The Court asked whether willfully remaining after a permit expires is a continuing act that can be prosecuted where the person is later found. The majority said the word “remains” shows continuous presence and that the crime does not end until the alien physically leaves the United States. Relying on the statute and legislative history, the Court held venue lies in any district where the overstay continued and noted this construction helps trace and punish crewmen who desert ships.

Real world impact

The decision reverses the dismissal and sends the case back for trial. Practically, prosecutors may bring charges where an overstaying crewman is found, and defendants may seek transfer under Rule 21(b) if another district is more appropriate. The ruling aims to make enforcement against deserting seamen more feasible and lessen hardships from forcing trials far from a defendant’s residence.

Dissents or concurrances

A dissent argued that Congress meant venue to lie where the violation first occurred and that the crime is completed when the permit expires, so prosecution should be tried where the overstay began.