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Rehaif Error in Indictment, Jury Instructions Is Plain Error Requiring Reversal

By Jonathan Byrne

US v. Medley: Medley was convicted at trial in 2017 with being a felon in possession of a firearm. While his appeal was pending, the Supreme Court decided Rehaif, which held that to prove that offense the Government must show not only that the defendant was of a certain restricted status, but that the defendant was aware of that fact. In supplemental briefing, Medley argued that after Rehaif his conviction had to be reversed because the status knowledge element was neither pled in the indictment or part of the jury?s instructions, leading to a conviction on insufficient evidence. A divided Fourth Circuit agreed and reversed Medley?s conviction, applying plain error review. There was no dispute that there was Rehaif error and that error was plain...continue to full post

Full post as published by Fourth Circuit Blog on September 01, 2020 (boomark / email).