At page 881 Review of indictment allegations and jurisdiction over federal offenses80 citing cases“in order to sustain a challenge to the district court's jurisdiction, the defendant who has pleaded guilty must establish that the face of the indictment discloses that the count or counts to which he pleaded guilty failed to charge a federal offense.”
- United States v. Cordoba-Hincapie, 825 F. Supp. 485 (E.D.N.Y. 1993).published(It is well settled that a defendant’s plea of guilty admits all of the elements of a formal criminal charge....)
- United States v. Washington, No. 22-1465 (2d Cir. Sept. 16, 2026).unpublished“It is well settled that a defendant’s plea of guilty admits all of the elements of a formal criminal charge, and, in the absence of a court-approved reservation of issues for appeal, waives all challenges to the prosecution except those g…
- United States v. Panos, No. 22-3158 (2d Cir. Feb. 29, 2024).unpublishedIndeed, “[i]t is well settled that a defendant’s plea of guilty admits all of the elements of a formal criminal charge, and . . . waives all challenges to the prosecution except those going to the court’s jurisdiction.” Hayle v. United Sta…
- Batiz v. United States, No. 3:23-cv-00583 (D. Conn. Oct. 6, 2023).And “after a judgment of conviction has been entered upon the defendant’s plea of guilty, the defendant may not raise nonjurisdictional challenges either on direct appeal, or by collateral attack under § 2255.” Hayle v. U.S., 815 F.2d 879,…
- United States v. Masud Al Safarini, No. 1991-0504 (D.D.C. Nov. 1, 2021).publishedHayle v. United States, 815 F.2d 879, 881 (2d Cir. 1987); United States v. Santelises, 476 F.2d 787, 788 (2d Cir. 1973) (coram nobis attack on guilty plea based on alleged failure of indictment to allege violations of federal law must be r…
- Turane v. United States, No. 5:19-cv-00155 (D. Vt. Mar. 29, 2021).([A] defendant’s plea of guilty admits all of the elements of a formal criminal charge and, in the absence of a court-approved reservation of issues for appeal, waives all challenges to the prosecution except those goin…)
- Sumlin v. United States, No. 1:20-cv-00230 (S.D.N.Y. June 18, 2020).The Court Did Not Lack Subject-Matter Jurisdiction “To challenge the court’s jurisdiction, ‘the defendant who has pleaded guilty must establish that the face of the indictment discloses that the count or counts to which he pleaded guilty f…
- United States v. Balde, 943 F.3d 73 (2d Cir. 2019).publishedThe effort to characterize the argument as 31 jurisdictional is important because, as we have explained, a “defendant’s plea of guilty admits all of the elements of a formal criminal charge and, in the absence of a court-approved reservati…
- Kotlyarsky v. United States, No. 1:18-cv-01746 (S.D.N.Y. May 2, 2019).Discussion Legal Standard Relief under Section 2255 is appropriate if the movant can show, among other things, that his “sentence was imposed in violation of the Constitution or laws of the United States,” or “that the sentence was in exce…
- United States v. Harris, 712 F. App'x 108 (2d Cir. 2018).unpublishedThe Sufficiency of the Information “In order to sustain a challenge to the district court’s jurisdiction, the defendant who has pleaded guilty must establish that the face'of the [charging instrument] discloses that the count or counts to…
Show 65 more citing cases
- United States v. Calvin Morgan, 572 F. App'x 292 (6th Cir. 2014).unpublishedGenerally, a valid guilty plea “bars any subsequent non-jurisdictional attack on the conviction.” United States v. Martin, 526 F.3d 926, 932 (6th Cir.2008) (quoting United States v. Pickett, 941 F.2d 411, 416 (6th Cir.1991)). “[I]n the abs…
- United States v. Yousef, 750 F.3d 254 (2d Cir. 2014).published “It is well settled that a defendant’s plea of guilty admits all of the elements of a formal criminal charge and, in the absence of a court-approved reservation of issues for appeal, waives all challenges to the prosecution except those go…
- United States v. Preston, 499 F. App'x 70 (2d Cir. 2012).unpublishedHayle v. United States, 815 F.2d 879, 881 (2d Cir.1987); see Fed.R.Crim.P. 11(a)(2) (“With the consent of the court and the government, a defendant may enter a conditional plea of guilty or nolo contendere, reserving in writing the right t…
- United States v. Hsu, 669 F.3d 112 (2d Cir. 2012).publishedGuilty Plea: Statute of Limitations In a supplemental pro se brief not endorsed by his appellate counsel, Hsu contests his conviction on Counts One and Six, the charges relating to the 2000 transaction, arguing that the statute of limitati…
- United States v. Dodd, 828 F. Supp. 2d 39 (D.D.C. 2011).published (by pleading guilty, defendant waives all non-jurisdictional challenges to the prosecution and defects in the prior proceeding)
- United States v. Ingram, 397 F. App'x 691 (2d Cir. 2010).unpublishedUnited States v. Lasaga, 328 F.3d 61, 64 (2d Cir.2003); Hayle v. United States, 815 F.2d 879, 881 (2d Cir.1987).
- United States v. Kumar, 617 F.3d 612 (2d Cir. 2010).published To challenge the court's jurisdiction, "the defendant who has pleaded guilty must establish that the face of the indictment discloses that the count or counts to which he pleaded guilty failed to charge a federal offense." Hayle v. United…
- United States v. Ned Martin, 390 F. App'x 533 (6th Cir. 2010).unpublishedA defendant may enter a conditional guilty plea under Federal Rule of Criminal Procedure 11(a)(2), which allows him to “reservfe] in writing the right to have an appellate court review an adverse determination of a specified pre-trial moti…
- United States v. Schaffer, 586 F.3d 414 (6th Cir. 2009).published Pickett, 941 F.2d at 416 . “[I]n the absence of a court-approved reservation of issues for appeal, [a defendant pleading guilty] waives all challenges to the prosecution except those going to the court’s jurisdiction.” Id. (citing Hayle v.…
- Sun-Times Media Grp., Inc. v. Black, 954 A.2d 380 (Del. Ch. 2008).published(It is well settled that a defendant’s plea of guilty admits all of the elements of a formal criminal charge, and waives all challenges to the prosecution except those going to the court’s jurisdiction.)
- United States v. Martin, 526 F.3d 926 (6th Cir. 2008).published The provision places an “affirmative duty on the defendant to preserve all potential collateral challenges through the preservation mechanism of Rule 11(a)(2).” Pickett, supra, 941 F.2d at 416 . “[I]n the absence of a court-approved reserv…
- United States v. Green, 521 F.3d 929 (8th Cir. 2008).published See United States v. Pemberton, 405 F.3d 656 , 659 (8th Cir.2005); Hayle v. United States, 815 F.2d 879, 881-82 (2d Cir.1987).
- United States v. Rammelkamp, 270 F. App'x 35 (2d Cir. 2008).unpublished Id. at 881-82 (internal citations and quotations omitted).
- Schwamborn v. United States, 507 F. Supp. 2d 229 (E.D.N.Y. 2007).publishedAs this Court noted in its June 20 Order, " ‘[i]t is well settled that a defendant’s plea of guilty admits all of the elements of a formal criminal charge, and, in the absence of a court-approved reservation of issues for appeal, waives al…
- Schwamborn v. United States, 492 F. Supp. 2d 155 (E.D.N.Y. 2007).published“It is well settled that a defendant’s plea of guilty admits all of the elements of a formal criminal charge, and, in the absence of a court-approved reservation of issues for appeal, waives all challenges to the prosecution except those g…
- United States v. Morales, 151 F. App'x 82 (2d Cir. 2005).unpublishedHayle v. United States, 815 F.2d 879, 881 (2d Cir.1987); Lebowitz v. United States, 877 F.2d 207, 209 (2d Cir.1989).
- United States v. Schoenfeld, 78 F. App'x 745 (2d Cir. 2003).unpublished“It is well settled that a defendant’s plea of guilty admits all of the elements of a formal criminal charge, and, in the absence of a court-approved reservation of issues for appeal, waives all challenges to the prosecution except those g…
- United States v. Antonio Lasaga, 328 F.3d 61 (2d Cir. 2003).publishedUnited States v. Maher, 108 F.3d 1513, 1528 (2d Cir.1997); United States v. Coffin, 76 F.3d 494, 496 (2d Cir.1996); Hayle v. United States, 815 F.2d 879, 881 (2d Cir.1987).
- United States v. Richards, 302 F.3d 58 (2d Cir. 2002).publishedFinally, he contests the imposition of a 16-level enhancement at his sentencing pursuant to U.S.S.G. § 2L1.2 for illegally reentering after having committed an “aggravated felony” (his Connecticut drug possession offense). 10 “It is well s…
- United States v. Richards, 302 F.3d 58 (2d Cir. 2002).publishedFinally, he contests the imposition of a 16-level enhancement at his sentencing pursuant to U.S.S.G. § 2L1.2 for illegally reentering after having committed an "aggravated felony" (his Connecticut drug possession offense). 10 49 "It is wel…
- United States v. Juan Ramirez, Also Known as "Tony Tko", Also Known as "Scarface" Luis Ramirez Ernesto Martinez, Also Known as "Ene" Justin Perez, Also Known as Gem Haydee Huertas Lnu1-98cr0438-006, Also Known as Rafaelito Albert Colon Shirley Calcano Freddy Santiago Jose Colon, Also Known as Mike Odiot Demetrius, Also Known as J. Boogie Manuel Gonzalez, Also Known as Manny Julio Castillo, Also Known as Tito, Lnu2-98cr0438-014, Also Known as John Doe 2, United States of Am. v. Juan Ramirez, AKA "Tony Tko", AKA "Scarface" Luis Ramirez Ernesto Martinez, AKA "Ene" Justin Perez, AKA Gem Haydee Huertas Lnu1-98cr0438-006, AKA Rafaelito Albert Colon Shirley Calcano Freddy Santiago Jose Colon, AKA Mike Odiot Demetrius, AKA Boogie Julio Castillo, Manuel Gonzalez, AKA Manny, 297 F.3d 185 (2d Cir. 2002).publishedNormally, a knowing and intelligent guilty plea "waives all challenges to the prosecution except those going to the Court's jurisdiction." United States v. White, 237 F.3d 170, 174 (2d Cir.2001) (quoting Hayle v. United States, 815 F.2d 87…
- United States v. Ramirez, 297 F.3d 185 (2d Cir. 2002).publishedNormally, a knowing and intelligent guilty plea “waives all challenges to the prosecution except those going to the Court’s jurisdiction.” United States v. White, 237 F.3d 170, 174 (2d Cir.2001) (quoting Hayle v. United States, 815 F.2d 87…
- United States v. Londono-Jimenez, 22 F. App'x 54 (2d Cir. 2001).unpublished“It is well settled that a defendant’s plea of guilty admits all of the elements of a formal criminal charge, and, in the absence of a court-approved reservation of issues for appeal, waives all challenges to the prosecution except those g…
- United States v. Lent Christopher Carr, II, 271 F.3d 172 (4th Cir. 2001).published Hayle v. United States, 815 F.2d 879, 881-82 (2d Cir.1987).
- Burke v. Immigr. & Naturalization Serv., 8 F. App'x 17 (2d Cir. 2001).unpublished See United States v. Coffin, 76 F.3d 494, 496 (2d Cir.1996); Hayle v. United States, 815 F.2d 879, 881 (2d Cir.1987).
- United States v. Wagner, No. 00-4434 (4th Cir. Dec. 8, 2000).unpublishedHayle v. United States, 815 F.2d 879, 881-82 (2d Cir. 1987); see also United States v. Broce, 488 U.S. 563, 569 (1989) (guilty plea forecloses attack on indictment unless, "on the face of the record," the court had no power to enter the co…
- Pollack v. Hobbs, 98 F. Supp. 2d 287 (E.D.N.Y. 2000).publishedPreliminarily, the court states the obvious principle on which all parties agree: petitioner’s guilty plea “admits all of the elements of a formal criminal charge and ... waives all challenges to the prosecution except those going to the c…
- United States v. Bahhur, No. 98-5386 (6th Cir. Jan. 14, 2000).publishedUnder § 2S1.2(a), the base United States, 815 F.2d 879, 881 (2d Cir. 1987) (cited in offense level is seventeen.
- United States v. Brown, 164 F.3d 518 (10th Cir. 1998).published
- United States v. Samuel Weinberg, 852 F.2d 681 (2d Cir. 1988).published
- David Stanley Mack v. United States, 853 F.2d 585 (8th Cir. 1988).published
- Harold Edwin O'Leary v. United States, 856 F.2d 1142 (8th Cir. 1988).published
- Barry Lebowitz v. United States, 877 F.2d 207 (2d Cir. 1989).published
- United States v. Rios, Appeal of Luis Guillermo Rios, 893 F.2d 479 (2d Cir. 1990).published
- United States v. Keith Pickett, 941 F.2d 411 (6th Cir. 1991).published
- United States v. Chauncey Alexander Hollis, 979 F.2d 849 (4th Cir. 1992).unpublished
- United States v. David Fleming Montgomery, 998 F.2d 1011 (4th Cir. 1993).unpublished
- United States v. Laurence G. Waters, 23 F.3d 29 (2d Cir. 1994).published
- United States v. Julian C. Richard, Jr., 37 F.3d 1510 (10th Cir. 1994).published
- Ee Ah Thye v. United States, 96 F.3d 635 (2d Cir. 1996).published
- United States v. Dania Obdulia Alvarez, 101 F.3d 682 (2d Cir. 1996).unpublished
- Abiodun Giwah v. United States, 101 F.3d 685 (2d Cir. 1996).unpublished
- Richard Ploof v. John Gorczyk, 104 F.3d 356 (2d Cir. 1996).unpublished
- United States v. Robert Maher, 108 F.3d 1513 (2d Cir. 1997).published
- Marcus Hooper v. United States, 112 F.3d 83 (2d Cir. 1997).published
- United States v. Adnan Bahhur, 200 F.3d 917 (6th Cir. 2000).published
- United States v. Milton Gatlin, 216 F.3d 207 (2d Cir. 2000).published
- United States v. Charles White, 237 F.3d 170 (2d Cir. 2001).published
- United States v. Jose Oscar Calderon, 243 F.3d 587 (2d Cir. 2001).published
- United States v. Eddy Garcia, 339 F.3d 116 (2d Cir. 2003).published
- United States v. Tanner, 1 F. App'x 162 (4th Cir. 2001).unpublished
- United States v. Abdul-Malik, 903 F. Supp. 550 (S.D.N.Y. 1995).published
- Ortega v. United States, 897 F. Supp. 771 (S.D.N.Y. 1995).published
- United States v. Ekwunoh, 813 F. Supp. 168 (E.D.N.Y. 1993).published
- United States v. Berger, 188 F. Supp. 2d 307 (S.D.N.Y. 2002).published
- United States v. Calderon, 243 F.3d 587 (2d Cir. 2001).published
- United States v. Nunez, 8 F. App'x 81 (2d Cir. 2001).unpublished
- Hawkins v. Nash, 57 F. App'x 472 (2d Cir. 2003).unpublished
- Hsu v. United States, 954 F. Supp. 2d 215 (S.D.N.Y. 2013).published
- United States v. Jones, 916 F. Supp. 558 (E.D. Va. 1996).published
- United States v. Schleede, No. 22-440 (2d Cir. May 15, 2023).unpublished
- United States v. Jackson, No. 21-2344 (2d Cir. Oct. 12, 2023).unpublished
- United States v. James, No. 23-7352 (2d Cir. Oct. 10, 2024).unpublished
- United States v. Smith, No. 23-7185 (2d Cir. Feb. 25, 2025).unpublished
- United States v. Lucille P. Runnells, 873 F.2d 1441 (4th Cir. 1989).unpublished
At page 882 Distinguishing jurisdictional challenges from merits of prosecution17 citing cases“if the indictment alleges all of the statutory elements of a federal offense and the defendant's contention is that in fact certain of those elements are lacking, the challenge goes to the merits of the prosecution, not to the jurisdiction of the court to entertain the case or to punish the defenda…”
- Sprull v. United States, No. 1:20-cv-05051 (S.D.N.Y. Apr. 14, 2021). (If the indictment alleges all of the statutory elements of a federal offense and the defendant's contention is that in fact certain of those elements are lacking, the challenge goes to the merits of the prosecution, no…)
- United States v. Masud Al Safarini, No. 1991-0504 (D.D.C. Nov. 1, 2021).publishedHayle v. United States, 815 F.2d 879, 881 (2d Cir. 1987); United States v. Santelises, 476 F.2d 787, 788 (2d Cir. 1973) (coram nobis attack on guilty plea based on alleged failure of indictment to allege violations of federal law must be r…
- Whitley v. United States, No. 1:16-cv-03548 (S.D.N.Y. Apr. 22, 2020).The Supreme Court in Rehaif held that the word “knowingly” in § 924(a)(2) “applies both to the defendant’s conduct and to the defendant’s status,” 139 S. Ct. at 2194 , but “express[ed] no view . . . about what precisely the Government must…
- United States v. Benita Dinkins-Robinson, 679 F. App'x 291 (4th Cir. 2017).unpublishedSee, e.g., United States v. Gill, 193 F.3d 802, 804 (4th Cir. 1999); United States v. Littriello, 866 F.2d 713, 714-15 (4th Cir. 1989); United States v. Reynolds, 919 F.2d 435, 438 (7th Cir. 1990); Hayle v. United States, 815 F.2d 879, 882…
- United States v. Gjuraj (Simms), 419 F. App'x 4 (2d Cir. 2011).unpublishedThe alleged jurisdictional defect must “go to the court’s power to entertain the prosecution,” not to “the government’s ability to prove its case.” Hayle v. United States, 815 F.2d 879, 882 (2d Cir.1987).
- United States v. Marcucilli, 287 F. App'x 126 (2d Cir. 2008).unpublishedWe find that the instruction improperly took out of the hands of the jury the factual issue of whether the United States exercised “sufficient supervision and control” over the funds to support the allegation that they were “moneys of the…
- Albanese v. United States, 415 F. Supp. 2d 244 (S.D.N.Y. 2005).published(rejecting defendant’s claim that counsel was ineffective because counsel failed to inform him that one count of indictment did not charge a federal offense; plea permitted defendant to have 62 counts of indictment dismi…)
- United States v. David McKay Brian McKay, 274 F.3d 755 (2d Cir. 2001).published“so long as the government exercises supervision and control over the funds and their ultimate use”
- David Stanley Mack v. United States, 853 F.2d 585 (8th Cir. 1988).published
- United States v. Berger, 188 F. Supp. 2d 307 (S.D.N.Y. 2002).published
Show 6 more citing cases
- Bankr. L. Rep. P 72,319 in Re Joliet-Will Cnty. Cmty. Action Agency, Debtor. Appeals of Illinois Dep't of Com. & Cmty. Affairs, Illinois Dep't of Pub. Health, Illinois State Bd. of Educ., & Action, 847 F.2d 430 (7th Cir. 1988).published
- United States v. Ralph Hubert Barger, 923 F.2d 855 (6th Cir. 1991).unpublished
- United States v. Ralph Hubert Barger, 931 F.2d 359 (6th Cir. 1991).published
- Santopietro v. United States, 948 F. Supp. 145 (D. Conn. 1996).published
- United States v. Kasi, 348 F. App'x 689 (2d Cir. 2009).unpublished
- In re Joliet-Will Cnty. Cmty. Action Agency, 847 F.2d 430 (7th Cir. 1988).published
v.
UNITED STATES of America, Respondent-Appellee
Petitioner pro se Anthony Hayle, convicted, after his plea of guilty, on one count of embezzling funds of the United States in violation of 18 U.S.C. § 641 (1982), appeals from so much of a judgment of the United States District Court for the Eastern District of New York, Henry Bramwell, Judge, as denied his motion pursuant to 28 U.S.C. § 2255 (1982) to vacate his sentence on the grounds that (a) the conduct that he admitted did not constitute a federal offense, and (b) his plea of guilty resulted from the ineffective assistance of counsel. Hayle[*881] pursues these contentions on appeal. Finding no merit in either, we affirm.
I. BACKGROUND
In November 1983, Hayle was indicted on 17 counts alleging embezzlements and thefts of moneys of the United States in violation of 18 U.S.C. § 641 and 46 counts alleging other offenses. The indictment alleged that at all pertinent times Hayle was chief accountant of the South Brooklyn Health Center (“SBHC”) and had responsibility for and access to SBHC’s bank accounts; that SBHC was a community health center qualified to receive reimbursement from the United States Department of Health and Human Services (“HHS”) pursuant to 42 U.S.C. §§ 1395-96 (1982) as a provider of services to patients covered by Medicaid and Medicare programs, and pursuant to 42 U.S.C. § 254c (1982) as a grantee of Public Health Service Act (“PHS”) awards; and that SBHC received Medicare funds, Medicaid funds, and PHS grants, all of which were deposited into SBHC’s checking account. Count Twelve of the indictment, to which Hayle pleaded guilty pursuant to a plea bargain agreement, incorporated these allegations and further alleged that on October 15, 1982, without authority, Hayle deposited a check for $6,101 drawn on SBHC’s account into his personal account, thereby embezzling moneys of the United States.
Prior to accepting Hayle’s plea, Judge Bramwell questioned Hayle as to its factual basis. Hayle stated that the $6,101 check had been signed in blank by the appropriate person at SBHC; Hayle then typed in the name of another person as payee, forged that person’s endorsement, and deposited the check in Hayle’s personal account. In February 1984, the court entered a judgment of conviction on Count Twelve, sentenced Hayle to five years in prison, and ordered him to make restitution. The other counts of the indictment were dismissed pursuant to the plea bargain.
In December 1985, Hayle moved pursuant to § 2255 for vacation of his sentence on the grounds, inter alia, (1) that the federal court lacked jurisdiction over his criminal prosecution as he was not charged with a violation of federal law because the funds he drew from SBHC’s account were not moneys that the United States owned or controlled, (2) that he was denied effective assistance of counsel because his attorney did not inform him that Count Twelve did not charge him with a violation of federal law, and (3) that the sentencing court lacked authority to order restitution. The district court rejected all of Hayle’s claims except the last. Judgment was entered vacating the order of restitution but denying the motion in all other respects. Hayle appeals from the judgment to the extent that it denied his motion. We find no merit in his appellate contentions.
II. DISCUSSION
A. The Alleged Lack of Jurisdiction
It is well settled that a defendant’s plea of guilty admits all of the elements of a formal criminal charge, McCarthy v. United States, 394 U.S. 459, 466, 89 S.Ct. 1166, 1170, 22 L.Ed.2d 418 (1969), and, in the absence of a court-approved reservation of issues for appeal, waives all challenges to the prosecution except those going to the court’s jurisdiction, see United States v. Sykes, 697 F.2d 87, 89 (2d Cir. 1983); LaMagna v. United States, 646 F.2d 775, 778 (2d Cir.), cert. denied, 454 U.S. 898, 102 S.Ct. 399, 70 L.Ed.2d 214 (1981). Thus, after a judgment of conviction has been entered upon the defendant’s plea of guilty, the defendant may not raise nonjurisdictional challenges either on direct appeal, see, e.g., United States v. Sykes, 697 F.2d at 89; United States v. Doyle, 348 F.2d 715, 718 (2d Cir.), cert. denied, 382 U.S. 843, 86 S.Ct. 89, 15 L.Ed.2d 84 (1965), or by collateral attack under § 2255, see LaMagna v. United States, 646 F.2d at 778.
In order to sustain a challenge to the district court’s jurisdiction, the defendant who has pleaded guilty must establish that the face of the indictment discloses that the count or counts to which he pleaded guilty failed to charge a federal offense.[*882] See id.; United States v. Santelises, 476 F.2d 787, 788 (2d Cir.1973) (coram nobis attack on guilty plea based on alleged failure of indictment to allege violations of federal law must be rejected “ ‘unless [the indictment] is so defective that it does not, by any reasonable construction, charge an offense for which the defendant is convicted’ ”) (quoting United States v. Trollinger, 415 F.2d 527, 528 (5th Cir.1969)); United States v. Smith, 407 F.2d 33, 34 (2d Cir. 1969). The requirement that the alleged jurisdictional defect be apparent from the face of the indictment reflects the line between issues that go to the court’s power to entertain the prosecution and those that go merely to the government’s ability to prove its case. If the indictment alleges all of the statutory elements of a federal offense and the defendant’s contention is that in fact certain of those elements are lacking, the challenge goes to the merits of the prosecution, not to the jurisdiction of the court to entertain the case or to punish the defendant if all «of the alleged elements are proven. See LaMagna v. United States, 646 F.2d at 778.
In the present case, we reject Hayle’s characterization of his challenge as one going to the district court’s jurisdiction. Count Twelve of the indictment alleged that federal grant moneys were deposited into SBHC’s bank account; that Hayle caused a check to be drawn on this account, which he deposited without authority into his own personal bank account; and that Hayle thereby embezzled funds of the United States. Hayle’s contention is not that the indictment fails to allege that he stole funds of the United States, but rather that that allegation is not true because, he argues, the funds he stole had ceased to be funds of the United States. This argument, absent the plea of guilty, would have created an issue of fact for trial; but there is no jurisdictional flaw apparent from the face of the indictment. Federal grant money remains “money ... of the United States” within the meaning of § 641 even after being deposited in the” bank account of the grantee, see United States v. Largo, 775 F.2d 1099, 1101 (10th Cir.1985) (per curiam), cert. denied, — U.S. -, 106 S.Ct. 891, 88 L.Ed.2d 925 (1986), and even if commingled with non-federal funds, see United States v. Von Stephens, 774 F.2d 1411, 1413 (9th Cir. 1985) (per curiam); United States v. Gibbs, 704 F.2d 464, 466 (9th Cir.1983) (per curiam); United States v. Mitchell, 625 F.2d 158, 160-61 (7th Cir.), cert. denied, 449 U.S. 984, 101 S.Ct. 402, 66 L.Ed.2d 247 (1980), so long as the government “exercises supervision and control over the funds and their ultimate use.” United States v. Von Stephens, 774 F.2d at 1413; accord United States v. Bailey, 734 F.2d 296, 300-01 (7th Cir.), cert. denied, 469 U.S. 931, 105 S.Ct. 327, 83 L.Ed.2d 263 (1984); United States v. McIntosh, 655 F.2d 80, 84 (5th Cir.1981), cert. denied, 455 U.S. 948, 102 S.Ct. 1450, 71 L.Ed.2d 662 (1982).
The question of whether the government exercised sufficient supervision and control over the SBHC funds to support the allegation that the funds embezzled were moneys of the United States would have been a factual issue to be resolved at trial. Such factual issues do not go to the court’s jurisdiction to try the case, and Hayle’s plea of guilty admitted the assertions of the indictment. Accordingly, his plea waived any contention that the government would be unable to prove that the funds embezzled were moneys of the United States, and his § 2255 petition on this ground was properly rejected.
B. The Claim of Ineffective Assistance of Counsel
Hayle’s contention that his plea of guilty resulted from the ineffective assistance of his counsel need not detain us long since it is premised on the alleged failure of the indictment to allege a federal offense, a premise we have just rejected. We see no other nonfrivolous basis for an assertion of ineffective assistance of counsel. The plea bargain enabled Hayle to plead guilty to one charge — for which there appears to have been ample factual basis — and to have dismissed 62 other counts against him.
CONCLUSION
We have considered all of Hayle’s arguments on this appeal and have found them[*883] to be without merit. The judgment denying relief under § 2255 is affirmed.