The following excerpt is from United States v. Graham, No. 10-4119-cr (L), No. 10-4231-cr (Con), No. 10- 4557-cr (Con), No. 11- 1043-cr (Con) (2nd Cir. 2012):
3. Scarlato also contends that no venue existed as to Count Six of the indictment. However, because he failed to raise the argument prior to trial, despite the defect in Count Six being apparent on the face of the indictment, he has waived it on appeal. See United States v. Price, 447 F.2d 23, 27 (2d Cir. 1971).
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