U.S. v. Stein

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 12-2181
Decision Date: 
March 19, 2013
Federal District: 
E.D. Wisc.
In prosecution on unlawful possession of firearm charge under 18 USC section 922(g)(9) based upon prior misdemeanor conviction for domestic violence crime, Dist. Ct. did not err in excluding defendant’s proffered evidence that his lawyer in prior domestic violence prosecution had led him to believe that instant misdemeanor conviction would not disqualify him from possessing firearms. Under Lee, 437 F.3d 616, mens rea element of section 922(g) charge is satisfied by knowledge of possession of gun and does not require proof that defendant was aware of his status as prohibited person.