United States v. Pickett - 359 U.S. App. D.C. 205, 353 F.3d 62 (2004)

Rule:

It is a fundamental protection which an indictment is intended to guarantee, that the indictment contain the elements of the offense intended to be charged and sufficiently apprise a defendant of what he must be prepared to meet. 

Facts:

Incidents had occurred around Capitol Hill in which Anthrax powder had been delivered to a senator and others. The incidents had occurred just after terrorist attacks on the United States. A Capitol police officer went to her post at a tunnel near the Capitol Building. At a desk, she found a handwritten note and a pile of white powder. The note suggested that the powder could be anthrax and that the placement of it was a Capitol police training exercise. The officer and her partner did not believe the powder was Anthrax, but they took precautions. It was soon determined that James Pickett, also a Capitol police officer, had left the note and the powder as a joke. The powder actually was sugar. Pickett was indicted for making false statements in violation of 18 U.S.C.S. § 1001. His motion to dismiss the indictment was denied. He was convicted of that offense. Pickett appealed.

Issue:

Did the district court err in denying Pickett’s motion to dismiss the indictment for its failure to allege an essential element of the offense?

Answer:

Yes.

Conclusion:

The appellate court found that the indictment was defective because it did not allege that the false statement was made during an investigation or review conducted by certain entities specified in 18 U.S.C.S. § 1001(c)(2). It also found that the evidence did not support a finding that such an element could be shown.