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United States v. McNeal

United States Court of Appeals for the Tenth Circuit

865 F.2d 1167 (1989)

Relevant factsFree

Terry and Bobby McNeal (defendants) were prosecuted for robbing a state-chartered credit union under a statute that required proof the credit union's 'accounts' were insured by the National Credit Union Administration (NCUA); the indictment mistakenly said the credit union's 'deposits,' rather than its 'accounts,' were NCUA-insured. At trial, the government's evidence included an insurance certificate showing the credit union's predecessor institution had been NCUA-insured and testimony that the credit union regularly paid its annual insurance premium, even though the NCUA did not update certificates every year. The brothers were convicted and, for the first time on appeal, argued this wording discrepancy meant the government failed to prove the court's jurisdiction.

IssueFree

Whether a non-fatal error in an indictment's jurisdictional statement can be cured by evidence that clearly establishes the court's jurisdiction.

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