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Johnny Clyde Benjamin, Jr. v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-13091 · judgment May 8, 2020

Certiorari denied · October 13, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question 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?

Counsel of record

For petitioner
Johnny Clyde Benjamin Jr.

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 13 2020
    Petition DENIED.
  2. Sep 23 2020
    DISTRIBUTED for Conference of 10/9/2020.
  3. Sep 17 2020
    Waiver of right of respondent United States to respond filed.
  4. Sep 04 2020
    Petition for a writ of certiorari filed. (Response due October 15, 2020)