White

ORDER

Defendant Sharonda White seeks to dismiss the criminal indictment against her on the following grounds: 1) the Court lacks jurisdiction; and 2) the statute under which Defendant is charged unconstitutionally fails to require proof of mens rea as an element of the crime.

I. Background

In July 1996, Defendant, an American national, resided in Okinawa, Japan with her husband Roshied White and her two-year-old son Crosby White. On July 16, 1996, Crosby White was pronounced dead at the United States Naval Hospital in Okinawa. The same day, Defendant was arrested by Japanese authorities and taken into custody in Japan for Crosby White’s death.

Subsequently, Japanese authorities notified the United States Air Force that they would not prosecute. Defendant. Defendant was released to United States officials and immediately returned to the United States. On March 27, 1977, Defendant was indicted for killing Crosby White. The indictment read in pertinent part that Defendant

II. Discussion

A. Motion to Dismiss for Lack of Jurisdiction

Defendant argues that the Court should dismiss the indictment for lack of jurisdiction on the following grounds: 1) that Congress was without…