No. 25-1190

Patrick Tate Adamiak v. United States

Lower Court: Fourth Circuit
Docketed: 2026-04-16
Status: Pending
Type: Paid
Tags: bill-of-particulars Fifth-Amendment indictment machinegun-statute Second-Amendment Sixth-Amendment
Latest Conference: N/A
Question Presented (from Petition)

1. Whether an indictment satisfies the Fifth and Sixth Amendments when it charges possession of a "machinegun" or "destructive device" under 26 U.S.C. §§ 5845 and 5861(d) when the indictment does not allege the facts necessary to bring these items within the statutory definition of the crime.

2. Whether a court may uphold an invalid indictment on the ground that the defendant could have sought a bill of particulars, notwithstanding this Court's settled rule that a bill of particulars cannot save an invalid indictment.

3. Whether the Fourth Circuit erred in summarily dismissing Petitioner's as-applied Second Amendment challenge based on nothing more than erroneous circuit precedent and on which there are multiple circuit splits of authority on questions presently before this Court.

Question Presented (AI Summary)

Whether an indictment charging possession of a machinegun or destructive device under 26 U.S.C. §§ 5845 and 5861(d) satisfies the Fifth and Sixth Amendments when it fails to allege the facts necessary to bring these items within the statutory definition of the crime, whether a court may uphold an invalid indictment on the ground that a defendant could have sought a bill of particulars notwithstanding settled precedent that a bill of particulars cannot save an invalid indictment, and whether the Fourth Circuit erred in summarily dismissing an as-applied Second Amendment challenge based on erroneous circuit precedent

Docket Entries

2026-04-10
Petition for a writ of certiorari filed. (Response due May 18, 2026)
2026-03-06
Application (25A888) granted by The Chief Justice extending the time to file until April 10, 2026.
2026-03-02
Application (25A888) to extend further the time from March 12, 2026 to April 10, 2026, submitted to The Chief Justice.
2026-02-11
Application (25A888) granted by The Chief Justice extending the time to file until March 12, 2026.
2026-02-01
Application (25A888) to extend the time to file a petition for a writ of certiorari from February 10, 2026 to March 12, 2026, submitted to The Chief Justice.

Attorneys

Patrick Adamiak
Mark William PennakMaryland Shall Issue, Inc., Petitioner
United States
D. John SauerSolicitor General, Respondent