Patrick Tate Adamiak v. United States
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.
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