In United States v. Reed, No. 17-12699 (Oct. 28,
2019) (William Pryor, Newsom, Julie Carnes), the Court—without oral
argument—upheld the defendant's felon in possession conviction in the face of a
Rehaif challenge on remand from the Supreme Court.
Reviewing for plain error, the Court acknowledged that there
were plain errors at the defendant's trial in light of Rehaif. Specifically, the indictment did not allege, the
jury was not instructed, and the government was not required to prove that the
defendant knew he was a felon at the time he possessed a firearm. However, the Court found that these plain errors
did not affect the defendant's substantial rights or the fairness/integrity of
the proceeding, because the entire record established that he knew he was a
felon. The Court considered a felon
stipulation at trial, trial testimony by the defendant that he knew he was not
allowed to possess a firearm, and undisputed PSI facts to being incarcerated
for long periods of time, including one stretch of 18 years.
