United States v. Payne, No. 19-2384 (7th Cir. 2020)
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Running from police officers, Payne threw down a loaded pistol. Payne then attempted to provide a false identity and said he was not a felon. Payne had outstanding warrants for absconding from probation and three prior felony convictions. He had been convicted of child abuse and driving a stolen vehicle and, later, of felony failure to comply with a police officer and misdemeanor battery after holding hostage a domestic partner and her child.
Payne pleaded guilty to possessing a firearm as a felon, 18 U.S.C. 922(g), 924(a)(2). The court conducted a colloquy to determine whether Payne’s guilty plea was knowing and voluntary, and confirmed that he previously had been convicted of a crime punishable by a term of imprisonment exceeding one year. Payne did not say he knew he was a convicted felon. After hearing about his low educational attainment and mental-health issues, the court sentenced Payne to 41 months’ imprisonment, despite a Guidelines range of 51-63 months. Days later, the Supreme Court, in Rehaif, held that to be convicted of such a status offense, a defendant must have known “he belonged to the relevant category of persons barred from possessing a firearm.” Payne argued there was a reasonable probability he would not have pleaded guilty had he known about this element. The Seventh Circuit affirmed his conviction, finding it “highly implausible Payne was ignorant of his felon status.”
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