No. 21-8182

Reuben Conway v. United States

Lower Court: Ninth Circuit
Docketed: 2022-06-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split criminal-procedure federal-courts federal-jurisdiction indictment indictment-defect jurisdiction mens-rea rehaif-v-united-states statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether an indictment's failure to charge the essential mens rea element renders federal courts without jurisdiction

Question Presented (OCR Extract)

Question Presented for Review L. After Petitioner Reuben Conway was charged, convicted, and sentenced for prohibited person in possession of a firearm, this Court overturned near-unanimous circuit authority by holding the government must prove the defendant knew at the time of the alleged possession that he belonged to the category of persons barred from possessing a firearm. Rehaifv. United States, 139 S. Ct. 2191 (2019). This Court emphasized that this mens rea marked the distinction between innocent and criminal conduct. Yet Conway’s indictment failed to charge this critical element that is necessary to establish a federal crime. Should this Court grant review to resolve whether an indictment “defect” can strip federal courts of jurisdiction? ii

Docket Entries

2022-10-03
Petition DENIED.
2022-07-07
DISTRIBUTED for Conference of 9/28/2022.
2022-06-29
Waiver of right of respondent United States to respond filed.
2022-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 18, 2022)

Attorneys

Reuben Conway
Cristen ThayerFederal Public Defender, District of Nevada, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent