US v. Sterling: Sterling worked for the CIA for nearly a decade. During that time, he took part in operations to funnel "realistic but ultimately flawed nuclear plans" to Iran via a Russian scientist. Sterling's term at the CIA didn't end well - he sued the agency for racial discrimination and was ultimately fired. Shortly thereafter, a reporter contacted the CIA about a story (eventually a book) he was going to publish about the Iran program. An investigation showed multiple contacts between Sterling and the reporter (who had written an article about Sterling's lawsuit). During a search of Sterling's house investigators found several classified documents. Sterling was charged, in the Eastern District of Virginia, with multiple counts related to the improper disclosure of classified material, fraud, and obstruction of justice. Sterling was acquitted of fraud, but convicted on all other counts and sentenced to 42 months in prison.
On appeal, the Fourth Circuit affirmed the majority of Sterling's convictions, but reversed on count of disclosure. Sterling's main arguments related to venue - both that the jury was improperly instructed on venue and that it improperly found venue was appropriate in EDVA. In general, the court concluded that venue was proper for Sterling's convictions because the evidence showed that information was either transmitted or retained by him while he lived in EDVA (the court didn't address the Government's broader backup theory - that venue was proper in EDVA because the reporter's book was for sale there). However, on one count of disclosure - which involved a letter, rather than phone or other type of contact - there was no evidence of where the letter was transmitted to the reporter. The court refused to take the Government's "presumption" that since the letter was found in Sterling's Virginia home the transmission must have begun there. Therefore, venue was not proper in EDVA on that count and it had to be reversed. The court found no error with the district court's instructions on venue, however. The court also held that Sterling obstructed justice when he deleted an email to the reporter following the issuance of a subpoena and that evidence of his prior mishandling of confidential material was admissible under Rule 404(b).
Judge Traxler concurred in part and dissented in part, arguing that venue was proper on the vacated disclosure count in EDVA.