United States v. Rehaif, No. 16-15860 (11th Cir. 2018)Annotate this Case
The Eleventh Circuit sua sponte vacated its prior published opinion and substituted the following revised opinion.
The court affirmed defendant's convictions for possessing a firearm and ammunition while being illegally or unlawfully in the United States, in violation of 18 U.S.C. 922(g)(5)(A) and 924(a)(2). The court held that textual support, prior precedent, congressional acquiescence, and analogous common law all supported the conclusion that there was no mens rea requirement with respect to the status element of section 922(g). Therefore, the district court did not err wen it gave the jury instruction stating that the government was not required to prove that defendant knew 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 in the Untied States was forbidden or not authorized by law.
This opinion or order relates to an opinion or order originally issued on August 17, 2017.