What is the burden of proving the proper venue for a criminal trial?

For each count of an indictment, the government bears the burden of proving by a preponderance of the evidence that venue is proper. United States v. Tzolov , 642 F.3d 314, 318 (2d Cir. 2011). When a defendant challenges the propriety of the trial venue after conviction by a jury, however, we "review the sufficiency of the evidence as to venue in the light most favorable to the government," crediting "every inference that could have been drawn in its favor." Id. (internal quotation marks omitted). If "the facts are not in dispute, venue challenges raise questions of law, which we review de novo ." Id .