Appeal is taken in these cases, tried separately below but consolidated here, from denial in the District Court of motions for dismissal of the respective informations for failure to allege facts which constituted a violation of the Food Stamp Act of 1964, 7 U.S.C.A. Sec. 2023(b).1 Subsequent to denial of these pretrial motions, each defendant entered a plea of nolo contendere expressly stating in open court his/her intention to preserve the jurisdictional defect for appeal. Conviction and sentencing followed.

Whatever doubts there may be as to the situations in which errors can be urged by an appeal after a plea of nolo contendere, it is well settled that a plea of guilty or, as here, nolo contendere does not foreclose appellate review of whether the indictment (or information) charged a crime against the United States. United States v. Ury, 2 Cir., 1939, 106 F.2d 28; United States v. Cox, 6 Cir., 1972, 464 F.2d 937; Rice v. United States, 5 Cir., 1929, 30 F.2d 681; Haynes v. United States, 5 Cir., 1967, 372 F.2d 651, reversed on other grounds, 1968, 390 U.S. 85, 88 S. Ct. 722, 19 L. Ed. 2d 923.

Despite the clear appealability of the issues raised, we find them to be without merit. We conclude that the plain language of 7 U.S.C.A. Sec. 2023(b) (note 1, supra) is supportive of the lower court's determination that the acts committed by the appellants fell within its proscription.2 Count VI of each information charged appellants with acceptance of food coupons in payment for ineligible retail merchandise.3

A careful reading of Sec. 2023(b) indicates that the undenied facts charged in count VI of the information constituted a violation. The statute prohibits anyone from acquiring or possessing coupons "in any manner not authorized by * * * the regulations issued pursuant to * * * [the act]. (See note, 1, supra). Title 7, C.F.R. Sec. 272.2(b) provides in part:

"Coupons shall be accepted by an authorized retail food store only in exchange for eligible food as defined in Sec. 270.2(s) of this subchapter * * *."

Thus the acquisition by an authorized retailer or agent of a coupon issued under the Act for any ineligible item is clearly chargeable as a violation of 7 U.S.C.A. Sec. 2023(b).4

We conclude that the District Court was correct when it denied appellants' motions to dismiss the information for failure to state an offense and proceeded with the trials. The nolo plea admitted the acts and all of the elements of the crime. There it ends.

Affirmed.