Rule 21 Transfers from the District for Trial
Rule 21, Fed. R. Crim. P., allows a defendant to initiate a motion,
dependent upon the court's discretion, for transfer of a criminal case for
in another district, if (a) the atmosphere is so prejudicial the defendant
obtain a fair and impartial trial within the district in which the action is
brought or (b) for the convenience of the parties and witnesses, if in the
interest of justice.|
Article III, Section 2, Clause 3 and the Sixth Amendment to the
Constitution provide for the right of trial in the vicinity of the offense
safeguard against unfairness and hardship if the accused were prosecuted
his or her will in a remote place; but when venue lies in several districts,
constitutional provisions are not intended to provide a defendant an
right to be tried in his or her home district or any particular place.
v. Minnesota Mining and Manufacturing Co., 376 U.S. 240 (1964);
States v. Hinton, 268 F. Supp. 728 (E.D.La. 1967). A Rule 21 motion by
defendant automatically is a waiver of the constitutional right to be tried
the district of offense. United States v. Angiulo, 497 F.2d 440 (1st
1974), cert. denied, 419 U.S. 896; Jones v. Gasch, 404 F.2d
(D.C.Cir. 1967), cert. denied, 390 U.S. 1029 (1968); United States
Marcello, 280 F. Supp. 510 (E.D.La. 1968).
The purpose of the rule is to secure a fair trial to the defendant
circumstances in the district where the action is brought would place an
risk of unfairness upon the defendant if tried within that district.
v. Maxwell, 384 U.S. 333 (1965); Jones v. Gasch, 404 F.2d 1231;
United States v. Marcello, 280 F. Supp. 510; United States v.
Hinton, 268 F. Supp. 728.
[cited in USAM 9-14.000]