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United States v. Pedro Velasco-Medina
Velas-co-Medina’s argument is untenable in light of the Supreme Court’s recent decision in United States v. Cotton, 535 U.S.-, 122 *846 S.Ct. 1781, 152 L.Ed.2d 860 (2002): “[Defects in an indictment do not deprive a court of its power to adjudicate a case.” Cotton, 122 S.Ct. at 1785 ; see also id. (“Justice Holmes explained that a district court ‘has jurisdiction of all crimes cognizable under the authority of the United States ... [and] the objection that the indictment does not charge a crime against the Untied States goes only to the merits of the case.’ ”) (quoting Lamar v.…
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BURNHAM VAN SERVICE
v.
PENTECOST
v.
PENTECOST
No. 494.
Supreme Court of the United States.
Nov 15, 1965.
J. G. Lackey, Jr., for appellants., George F. McCanless, Attorney General of Tennessee, and Milton P. Rice, Assistant Attorney General, for appellees.
Published
Per Curiam.
The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.