U.S.A. v. Turner
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 8 years 7 months ago
- No. 13-13616; D.C. Docket No. 1:12-cr-00169-MHT-WC-1
- The Circuit Court, per curiam, affirmed the Debtor's convictions.
The Court of Appeals for the 11th Circuit held that the U.S. federal district courts have original and exclusive jurisdiction over "all offenses against the laws of the United States" and that, if an indictment alleges conduct constituting a federal offense, the district courts have jurisdiction.
The Court further held that the judgment entered by the district court was sufficient under Fed.R.Crim. P. 32(k)(1) because no law requires that a judgment issued in a federal criminal case be sealed or signed by the clerk of court.
- Procedural context:
- Debtor was convicted in the district court for violating numerous federal statutes. The Debtor pro se appealed the district court's denial of his pre-trial motion to dismiss for lack of jurisdiction. He also challenged, for the first time on appeal, the sufficiency of the judgment against him because it was not authenticated with the court's impressed seal and signed by the clerk of court.
- The Debtor was charged with several offenses against the U.S., including violations of 18 USC 371 (conspiracy to defraud the U.S.), 18 USC 514 (presenting fictitious financial obligations), and 18 USC 152(2) (making a false statement under oath in a bankruptcy proceeding).
The Debtor pled not guilty. He was subsequently found guilty by a jury on all counts of the indictment and sentenced by the court. The judgment stated that the Debtor pled not guilty, that the jury found him guilty on all counts, and that the Debtor was adjudicated guilty of the offenses charged in the indictment. The judgment also stated the sentence imposed by the court, was signed by the judge and was entered into the docket.
- Hull, Marcus, & Wilson
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