Reuben Conway v. United States
SocialSecurity Securities Immigration
Whether an indictment's failure to charge the essential mens rea element renders federal courts without jurisdiction
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