On April 20, 2021, the Supreme Court will hear oral argument in the case of United States v. Gary. In this case, defendant Gary pled guilty in federal court to two counts of possession of a firearm as a convicted felon in violation of 18 U.S.C. 922(g)(1) and 924(a)(2) then appealed his sentence.

During the interim following his appeal, the Supreme Court decided Rehaif v. United States and held that for conviction under 922(g)(1) and 924(a)(2), the United States must prove both (1) knowing possession of the firearm and (2) knowledge of felon-status. Gary supplemented his appeal with the Rehaif decision, arguing he had not been informed of the knowing-felon-status element of the crime when he pled guilty.

The Ninth Circuit found the district court’s omission of the knowing-felon-status element was plain error, vacated Gary’s conviction, and remanded even though Gary did not show he would not have taken the plea but for the district court’s omission.

The Supreme Court will decide whether Gary is automatically entitled to the relief awarded by the Ninth Circuit even where Gary does not attempt to show prejudice caused by the district court’s failure to inform Gary on the knowing-felon-status element.

Featuring:
-- Robert Leider, Assistant Professor of Law, Antonin Scalia Law School, George Mason University