Record contained sufficient evidence to support three defendants' convictions via jury verdict in unlawful possession of firearm charges under 18 USC section 922(g), even though: (1) under Rehaif, 139 S.Ct. 2191, govt. was required to show that defendants knew that they possessed firearm, and that they were aware of their prohibited status when they possessed firearm; and (2) their jury instructions failed to include element regarding their knowledge of their prohibited status at time of their possession. Ct. rejected plaintiff's contention that law required govt. to show that they were aware that law made their possession of firearm criminal offense and further found that govt. need only show that they were aware that they belonged to relevant category of persons barred from possessing firearm. Moreover, under plain error standard, record in all three cases indicated that failure to include instant knowledge element in defendants' jury instructions did not affect their substantial rights, where undisputed evidence strongly supported inference that defendants knew that they were aware of their felon status, either through past time spent in prison, nature of prior convictions or stipulations that they had spent time in prison for crimes that were punishable by more than one year in prison. Also, language in instant indictments arguably linked knowledge element to their felon status.
Federal 7th Circuit Court
Criminal Court
Firearms