Guardado v. United States, No. 21-1713 (1st Cir. 2023)
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The First Circuit affirmed the judgment of the district court denying Petitioner's petition filed pursuant to 28 U.S.C. 2255 seeking to vacate, set aside, or correct his sentence, holding that the district court did not err or abuse its discretion in denying the petition.
After Petitioner pleaded guilty to seven counts of being a felon in possession of ammunition and/or firearms in violation of 18 U.S.C. 922(g)(1) the Supreme Court decided Rehaif v. United States, 139 S. Ct. 2191 (2019), which held that to convict a defendant of violating section 922(g) the government must prove that the defendant knew that he or she had a relevant prohibited statute when committing the underlying offense. Thereafter, Petitioner brought this petition arguing that he would have proceeded to trial had he been told of the mens rea requirement. The district court denied the petition. The First Circuit affirmed, holding that Petitioner failed to carry his burden of establishing that it was reasonably probable that he would not have pleaded guilty but for the Rehaif error in this case.
The court issued a subsequent related opinion or order on August 14, 2023.
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