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United States v. McNeal

United States Court of Appeals for the Tenth Circuit
865 F.2d 1167 (1989)


The United States government (plaintiff) prosecuted Terry McNeal and his brother Bobby McNeal (defendant) in a federal district court for robbing the state-chartered Mid-American Credit Union (MACU), in violation of U.S.C. § 2113. As in any criminal trial, the government had to prove that the court had jurisdiction to hear the case. Section 2113(h) defined a state-chartered credit union covered by § 2113 as one of the "accounts" insured by the National Credit Union Administration (NCUA). The government's indictment erroneously stated that MACU's "deposits" were insured by the NCUA. The government's evidence included MACU's insurance certificate, which showed that MACU's predecessor institution had been insured by the NCUA. There was also testimony that MACU regularly paid its annual insurance premium, but that the NCUA did not update insurance certificates annually. Following the brothers' convictions, they based their appeal to the United States Court of Appeals for the Fifth Circuit on the government's alleged failure to prove the trial court's jurisdiction. The erroneous substitution of "deposits" for "accounts" had never before been raised as a ground for appeal.

Rule of Law


Holding and Reasoning (McWilliams, J.)

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