US v. Antwan Heyward, No. 18-4819 (4th Cir. 2022)
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Defendant pleaded guilty to “knowingly” possessing a firearm after being convicted of “a crime punishable by imprisonment for a term exceeding one year.” 18 U.S.C. Sections 922(g)(1), 924(a)(2). Two years later, the Supreme Court held that the word ‘knowingly’ applies both to the defendant’s conduct and to the defendant’s status. Defendant was was not advised of the second knowledge requirement before pleading guilty, and his lawyer made no objection to that omission.
The Fourth Circuit vacated Defendant’s conviction. The court held that Defendant s the rare defendant who can make the “difficult” showing that, had he been properly advised, “there is a reasonable probability that he would not have pled guilty,” Greer v. United States, 141 S. Ct. 2090 (2021).
The court explained that “satisfying all four prongs of the plain-error test is difficult,” and the ultimate decision to grant relief is always discretionary. Greer, 141 S. Ct. at 2096–97. Here, based on on all the facts and circumstances of this case, the court concluded it is appropriate to exercise our discretion to correct this particular Rehaif error. That error resulted in Defendant unknowingly agreeing that the government need not advance proof of the knowledge-of-status element, notwithstanding his persistent and contemporaneous assertions that he had not known of his legal status at the relevant time. Because these circumstances raise obvious—and troubling—questions about whether Defendant would have so agreed had he been fully and correctly informed, allowing the current plea to stand without further inquiry would seriously affect the fairness, integrity, and public reputation of judicial proceedings.
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