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: Defense Newsletter Blog

Innocent: Affirming 922(g) Convictions Over Rehaif Challenge

By Tim Cone

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In United States v. Innocent & Jones, Nos. 19-10112, 18-15210 (Oct. 8, 2020) (William Pryor, Tjoflat, Hull), the Court affirmed 922(g) convictions over a Rehaif challenge. Applying plain error review, the Court agreed that the defendants? pre-Rehaif indictments were erroneous in light of Rehaif, and that error was now plain. But the Court concluded that the defendants could not show a reasonable probability of a different result, because circumstantial evidence established that each knew of their felon status. Although one defendant had never served more than a year in prison and had a low intelligence score during a competency evaluation, that was not enough to meet his burden in light of his four prior felony convictions...continue to full post

Full post as published by Defense Newsletter Blog on October 08, 2020 (boomark / email).