Johnny Clyde Benjamin, Jr. v. United States
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?
Did the district court have subject matter jurisdiction over this case?