Whether a defect in an indictment is categorically a non-jurisdictional error, even if the indictment alleges conduct beyond the scope of the charging statute

QUESTION PRESENTED In federal criminal prosecutions, a district court has jurisdiction only over “offenses against the laws of the United States.” 18 U.S.C. § 3231. Here, on a remand for resentencing, Petitioner argued that his indictment failed to allege an offense against the laws of the United States and—because this error was jurisdictional—the mandate rule did not bar the court from considering this issue. The Second Circuit held that challenges to the sufficiency of an indictment are categorically non-jurisdictional. The question presented is: Whether a defect in an indictment is categorically a non-jurisdictional error, even if the indictment alleges conduct that is beyond the scope of the charging statute. @)