Legal Opinion

United States v. Smith

District Court, N.D. Illinois

Decided May 20, 1987No. 86 CR 272-2PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

Tamara Jo Smith (“Defendant”) has appealed her conviction on multiple counts of conspiracy and fraud. The Seventh Circuit has partially remanded the case with an order that we rule on Defendant’s challenge to the validity of her indictment. The indictment’s validity is, of course, of paramount importance. Without an indictment, this court would be without jurisdiction. See U.S. Const, amend. V (“No person shall be held to answer for a capital, or otherwise infamous crime, unless on ... indictment of a Grand Jury”); Fed.R. Crim.P. 7(a) (“an…

2Cases cited21 opinions

  1. United States v. JohnsonSupreme Court of the United States · 1943
  2. Davis v. United StatesSupreme Court of the United States · 1973
  3. Scales v. United StatesSupreme Court of the United States · 1961
  4. Shotwell Manufacturing Co. v. United StatesSupreme Court of the United States · 1963
  5. United States v. Charles Wilson, Jr., United States of America v. Charles RobinsonCourt of Appeals for the D.C. Circuit · 1970

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3Cited by3 opinions

  1. United States v. NickersonUnited States Court of Military Appeals · 1988
  2. In Re Grand JuriesDistrict Court, D. Massachusetts · 1991
  3. MacChione v. United StatesDistrict Court, N.D. Illinois · 2002

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