09 Nov 2020

rehaif v united states wikipedia

52Stat. Nor has petitioner pointed to any statute with text that plainly evinces such a congressional intent. The majority provides a bowdlerized version of the facts of this case and thus obscures the triviality of this petitioner’s claim. We have interpreted statutes to include a scienter requirement even where the statutory text is silent on the question. As applied to §922(g), that would mean that the Government would have to prove that the defendant: (1) knew that he is an alien “illegally or unlawfully in the United States,” (2) knew that the thing he “possess[ed]” was “a firearm or ammunition,” and (3) knew that what he did was “in or affecting commerce.” But again, the parties (and the majority) disclaim this reading because, they contend, the mens rea requirement does not apply to the interstate-commerce element of the offense. Fortas • Id., at 1140. The statutory text supports the application of presumption requiring "scienter." See Staples, 511 U. S., at 606; Morissette, 342 U. S., at 255–259. of section 922 . This inquiry starts from a longstanding presumption that Congress intends to require a defendant to possess a culpable mental state regarding “each of the statutory elements that criminalize otherwise innocent conduct,” United States v. X-Citement Video, Inc., In a 7-2 opinion, the court held that in order to convict an individual of unlawful possession of a firearm, prosecutors must prove the individual knew they possessed a firearm and knew that they were barred from doing so. The public defenders representing Rehaif are using the “Gorsuch brief,” hoping to swing the justice based on a prior opinion and his penchant for grammar-based textualism. .]. Brown • Iredell • We hold that the word “knowingly” applies both to the defendant’s conduct and to the defendant’s status. . Here we can find no convincing reason to depart from the ordinary presumption in favor of scienter. Shiras • . June 21, 2019: The U.S. Supreme Courtreversed and remanded the 11th Circuit's ruling. 401 U.S. 601 (1971); United States v. Dotterweich, See id., at 659 (Alito, J., concurring in part). Nelson • Is it limited to offenses that have an element requiring proof that the abuser had a domestic relationship with the victim? Aside from the jurisdictional element, which is not subject to the presumption in favor of scienter, §922(g)’s text simply lists the elements that make a defendant’s behavior criminal. 82Stat. NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Applications for relief by federal prisoners sentenced under §922(g) will swamp the lower courts. §922(g). . Clarke • Jurisdictional element aside, however, the text of §922(g) simply lists the elements that make a defendant’s behavior criminal. 18 U. S. C. §921, which reorganized the prohibition on firearm possession and added the language providing that only those who violate the prohibition “knowingly” may be held criminally liable. Cardozo • 18 U. S. C. §924(a)(2), dictate a decision in his favor, and I therefore begin with the text of those two provisions. being an alien who—is illegally or unlawfully in the United States . The views expressed are those of the author and are not necessarily those of the Library of Congress or CRS. We therefore leave the question for those courts to decide on remand. See id., at 190 (suggesting that a prosecutor would be entitled to seek admission of evidence of the nature of a prior felony if offered to prove knowledge). App. See, e.g., United States v. Santiesteban, 825 F.2d 779, 782–783 (CA4 1987); United States v. Schmitt, 748 F.2d 249, 252 (CA5 1984); United States v. Oliver, 683 F.2d 224, 229 (CA7 1982); United States v. Lupino, 480 F.2d 720, 723–724 (CA8 1973); United States v. Pruner, 606 F.2d 871, 873–874 (CA9 1979).[3]. . See Staples, 511 U. S., at 615, n. 11 (“knowledge can be inferred from circumstantial evidence”). The courts did not, however, require proof that a defendant knew that he fell within one of the covered categories or that his conduct satisfied the statutes’ interstate-commerce requirement. Rutledge • Fourth, the majority’s interpretation of §922(g) would lead to an anomaly that Congress is unlikely to have intended. 468 U.S. 63 (1984); United States v. Feola, And under this version, it is not even clear that the alien’s possession of the firearm or ammunition must be knowing—even though everyone agrees that this is required. The district court overruled Rehaif's objection. It came on a writA court's written order commanding the recipient to either do or refrain from doing a specified act. Holmes • 100Stat. A party petitioning an appellate court to consider its case. The Supreme Court reversed. Argued April 23, 2019—Decided June 21, 2019. [i]t is a perfectly clear law as it is written, plain in its terms, straightforward in its application.” Id. 18 U. S. C. §2251(b) punishes any “person having custody or control of a minor who know- ingly permits such minor to engage in . Woods, Communications: Kristen Vonasek • Kayla Harris • Megan Brown • Mary Dunne • Sarah Groat • Heidi Jung Grier • That is the case here. Whether the “knowingly” provision of 18 U.S.C. to possess in or affecting commerce, any firearm or ammunition . In any event, if the avoidance of a serious constitutional question required us to infer that some mens rea applies to §922(g)’s status element, that would hardly justify bypassing lower levels of mens rea and going all the way to actual knowledge. It returned a guilty verdict. As “a matter of ordinary English grammar,” we normally read the statutory term “ ‘knowingly’ as applying to all the subsequently listed elements of the crime.” Flores-Figueroa v. United States, Fourth, a “knowing” violation could require knowledge of the conduct element—the possession of a firearm or ammunition—but not the others. Stone • S. Rep. No. It is therefore the defendant’s status, and not his conduct alone, that makes the difference. Taft • . Lurton • . Ellsworth • Petitioner’s argument tries to hide those moves in the manner of a sleight-of-hand artist at a carnival. . X-Citement Video, supra, at 73. . for Cert. Rehaif v. United States - SCOTUSblog. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. The Eleventh Circuit affirmed his conviction. Or these provisions might apply to a person who was convicted of a prior crime but sentenced only to probation, who does not know that the crime is “punish- able by imprisonment for a term exceeding one year.” §922(g)(1) (emphasis added); see also Games-Perez, 667 F. 3d, at 1138 (defendant held strictly liable regarding his status as a felon even though the trial judge had told him repeatedly—but incorrectly—that he would “leave this courtroom not convicted of a felony”). Tens of thousands of prisoners are currently serving sentences for violating Finally, the statutory and legislative history on which the Government relies is at best inclusive. Minton • Senior Managing Editor | Andrew Hile Congress first enacted a criminal statute prohibiting particular categories of persons from possessing firearms in 1938.

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