United States v. Rehaif, No. 16-15860 (11th Cir. 2017)
Annotate this CaseThe Eleventh Circuit affirmed defendant's convictions for possessing a firearm and ammunition while being illegally or unlawfully in the United States. Citing textual support, prior precedent, congressional acquiescence, and analogous common law, the court held that there was no mens rea requirement with respect to the status element of 18 U.S.C. 922(g). Therefore, the district court did not err when it gave its jury instruction stating that the government was not required to prove that defendant knew that he was illegally or unlawfully in the United States. The court also held that the district court did not err when it instructed the jury that an alien illegally or unlawfully in the United States was an alien whose presence within the United States was forbidden or not authorized by law.
The court issued a subsequent related opinion or order on March 26, 2018.
The court issued a subsequent related opinion or order on September 5, 2019.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.