Memorandum and Order — No. 4:21-cr-00532 (Dkt. 568, E.D. Mo.)

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A Memorandum and Order, Doc. #: 568, filed July 17, 2025 in United States v. Christopher Lee Carroll, Case No. 4:21-cr-00532-SEP, in the U.S. District Court for the Eastern District of Missouri, Eastern Division, signed by United States District Judge Sarah E. Pitlyk. The court denies the defendant's Motion to Transfer Venue, Doc. [550], finding that under either party's reading of "resides" in 28 U.S.C. § 3004(b)(2) he resides in the Eastern District of Missouri. It sets a hearing on the defendant's Motion to Quash, Doc. [551], for Friday, July 18, 2025 at 12:00 p.m. in Courtroom 16N.

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    Case: 4:21-cr-00532-SEP          Doc. #: 568 Filed: 07/17/25             Page: 1 of 1 PageID #:
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                              UNITED STATES DISTRICT COURT
                              EASTERN DISTRICT OF MISSOURI
                                    EASTERN DIVISION
UNITED STATES OF AMERICA,                            )
                                                     )
        Plaintiff,                                   )
v.                                                   )   Case No. 4:21-cr-00532-SEP
                                                     )
CHRISTOPHER LEE CARROLL,                             )
                                                     )
        Defendant.                                   )
                                  MEMORANDUM AND ORDER
        Before the Court is Defendant Carroll’s Motion to Transfer Venue, Doc. [550]. Because
Mr. Carroll appears to have been housed in St. Francois County Jail in Farmington, MO, on June
17, 2025, see Doc. [548] at 5, the Court finds it unnecessary to decide what “resides” means in
the context of 28 U.S.C. § 3004(b)(2). Whether the Court adopts the Government’s position—
that “residence involves some choice . . . [and] presence elsewhere through constraint has no
effect upon it,” Neuberger v. United States, 13 F.2d 541, 542 (2d Cir. 1926)—or Mr. Carroll’s
position—that a person “resides” for purposes of § 3004(b)(2) in the judicial district where he is
physically present on the day the application for writ was filed 1—the outcome is the same: Mr.
Carroll resides in the Eastern District of Missouri and lacks grounds for a transfer.
        IT IS HEREBY ORDERED that Defendant Carroll’s Motion to Transfer Venue, Doc.
[550], is DENIED.
        IT IS FURTHER ORDERED that this case is set for a hearing on Defendant’s Motion
to Quash, Doc. [551], on Friday, July 18, 2025, at 12:00 p.m. in Courtroom 16N.
        Dated this 17th day of July, 2025.

                                                     SARAH E. PITLYK
                                                     UNITED STATES DISTRICT JUDGE
1
  Mr. Carroll’s motion and reply neglected to mention that Mr. Carroll had been transferred by writ back
to the Eastern District of Missouri before the motion was filed. On the oral record, defense counsel
claimed that he had been aware of his client’s location and that the omission was innocent. But counsel’s
argument did change significantly after Mr. Carroll’s location came to light. Specifically, he abandoned
residence-as-physical-presence and urged instead that to “reside” involves something more than
temporary physical presence but still less than domicile—such that Mr. Carroll does reside in Memphis,
TN, by virtue of his BOP designation but does not reside in Farmington, MO, by virtue of the writ.
Considering the untimeliness of the argument and counsel’s failure to provide any intelligible principle or
case law supporting it, the Court disregards it.


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