Plain-English summary
Court affirms that Rehaif error doesn't get automatic relief — defendant must first show he would have argued or proved,
The Supreme Court affirmed the Eleventh Circuit, holding that when a Rehaif error occurs in a felon-in-possession prosecution under 18 U.S.C. §922(g)(1), a defendant is not automatically entitled to relief on plain-error review. The defendant must first make a plausible argument or representation on appeal that he would have contested or proved the element Rehaif requires (knowledge of status).
Why this matters
This ruling limits the ability of defendants whose trials predate Rehaif to secure convictions overturned on plain-error review. It requires defendants to provide some plausible showing on appeal that they would have disputed or could have proved the knowledge-of-status element Rehaif added, rather than assuming automatic relief whenever Rehaif later changed the law.
Who may feel it
- Defendants convicted under 18 U.S.C. §922(g)(1) (felon-in-possession) whose trials occurred before Rehaif was decided
- Criminal defense attorneys handling appeals and post-conviction relief in federal firearms cases
- Federal prosecutors and courts conducting plain-error and preserved-error analyses
Key questions
- Does Rehaif error automatically justify plain-error relief in felon-in-possession cases decided before Rehaif?