US v. Thomas Waters, No. 19-7240 (4th Cir. 2023)
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A jury convicted Defendant of being a felon in possession of a firearm in violation of 18 U.S.C. Section 922(g)(1). That provision makes it unlawful for any person “who has been convicted in any court of[] a crime punishable by imprisonment for a term exceeding one year” to “possess . . . any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” 18 U.S.C. Section 922(g). At the time of Defendant’s offense, anyone who “knowingly violate[d]” this provision could be imprisoned for up to ten years. The district court sentenced Defendant to ten years imprisonment. The Fourth Circuit affirmed his conviction and sentence on direct appeal. The district court denied Defendant’s motion to appoint counsel and his Section 2255 motion in its entirety.
The Fourth Circuit vacated and remanded. The court held that the district court erred in concluding that Rehaif does not apply to felon-in-possession convictions under 18 U.S.C. Section 922(g)(1) and that Rehaif does not apply retroactively on collateral review. The court held that on remand, the district court should consider any issues related to procedural default and prejudice in addition to the merits of Defendant’s claim. Accordingly, the court wrote that in any prejudice analysis, the district court should conduct a fact-intensive inquiry under the Supreme Court’s careful guidance in the Greer decision. However, if the defendant establishes that he did not, in fact, know of his felony status, the district court would be free to award appropriate relief.
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