PRELIMINARY STATEMENT The United States, by the United States Attorney for the Northern District of New York and the undersigned Assistant U.S. Attorney, submits this opposition to defendants’ jointly-filed motion to dismiss the indictment for lack of venue. The People allege that the defendants, Doug O’Dwyer, Josh Johnston, and James Johnston, were active participants in a criminal conspiracy to commit offenses against the United States, in violation of Title 21, United States Code, Section 846. The activities of this conspiracy ranged from Syracuse, NY to Toledo, Ohio. Syracuse is within the Northern District of New York, thereby providing a proper basis for venue. Additionally, the People allege that defendants’ knowingly, intentionally, …show more content…
§§ 846, 841(a)(1) and 841(b)(1)(A)(ii). Specifically, with respect to venue, Tyler Summers, as co-conspirator, arranged for the packaging and delivery of the controlled substance from Syracuse, NY to Toledo, Ohio, as indicated in DEA Investigator Anne Andrews’ case notes. The defendants and co-conspirator Summers engaged in communication while the parties were located in Ohio and Syracuse, respectively, and said communication was conducted for the purpose of arranging the delivery and exchange of the aforementioned controlled