Johnny Clyde Benjamin, Jr. v. United States
SocialSecurity Securities Immigration
Did the district court have subject matter jurisdiction over this case?
QUESTIONS PRESENTED LACK OF SUBJECT MATTER JURISDICTION Federal district courts have their jurisdiction limited to violations of laws of the United States. During the period of indictment, the handling of furanyl fentanyl (Fu-f) did not violate the charged statute, the Controlled Substances Act (CSA). Did the district court have subject matter jurisdiction over this case? INDICTING LEGAL CONDUCT IS A JURISDICTIONAL DEFECT The 11th Circuit has long held that in an indictment the affirmative allegation of specific conduct not forbidden by the charged statute is a jurisdictional defect. During the period of indictment, the handling of Fu-f (alleged specific conduct) was not forbidden by the Controlled Substances Act (charged statute). Did the indictment contain a jurisdictional defect? i