BATCHELDER, J., delivered the opinion of the court. MOORE, J. (pp. 857-76), delivered a separate opinion concurring in the judgment. MERRITT, J. (pp. 876-87), delivered a separate dissenting opinion.
OPINION
ALICE M. BATCHELDER, Circuit Judge.
In this appeal from a federal criminal conviction, we are confronted with the precursory issue of whether a district court has subject matter jurisdiction over a criminal prosecution for murder — the...
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