Recent Development by Jimmy A. Frazier
Jeffrey B. Pomranz began meeting with an undercover agent in Fort Worth, Texas, in late 1988. Following several meetings and telephone conversations, Pomranz arranged to purchase two tons of marijuana from the officer. After receiving the last of the promised front money in Texas, the federal agent traveled to Oklahoma City, taking a motel room in order to complete the transaction. Pomranz, carrying an automatic weapon under his jacket, waited at the motel for word the marijuana had been transferred to his Texas associates. When word came, Pomranz made the final payment to the agent. Pomranz and his co-conspirators were arrested that same day.
A jury in the United States District Court for the Northern District of Texas subsequently convicted Pomranz on thirteen counts, including violation of § 924(c)(1) of Title 18 of the United States Code by using a firearm during the commission of another federal felony. The United States Court of Appeals for the Fifth Circuit affirmed Pomranz's conviction and sentence. Pursuant to § 2255 of Title 28 of the United States Code, Pomranz petitioned the district court to vacate his sentence on the firearms charge. He alleged venue in the Northern District of Texas was improper on that count because the evidence indicated he had carried the weapon only in Oklahoma. The district court denied Pomranz relief. A panel of the Fifth Circuit, holding venue for a firearms charge under 18 U.S.C. § 924(c)(1) is proper wherever venue is proper for an accompanying felony charge. United States v. Pomranz, 43 F.3d 156 (5th Cir.), petition for cert. filed, 63 U.S.L.W. 3892 (U.S. June 12, 1995) (No. 94-2037).
About the Author
Jimmy A. Frazier.
Citation
70 Tul. L. Rev. 361 (1995)