United States v. Gant, No. 19-2366 (8th Cir. 2020)
Annotate this CaseAfter defendant pleaded guilty to one count of being a felon in possession of a firearm, the Supreme Court decided Rehaif v. United States, 139 S. Ct. 2191, 2200 (2019). The Eighth Circuit affirmed the district court's denial of defendant's Rehaif claim and held that the error did not affect defendant's substantial rights under the third prong of plain error review. In this case, at the change-of-plea hearing, defendant previously admitted that he had been convicted of three prior felonies but said he did not remember the other two.
Court Description: [Per Curiam - Before Kelly, Wollman and Stras, Circuit Judges] Criminal case - Criminal law. Rehaif claim rejected; the parties agree that defendant meets the first two elements of plain error review - an error that is plain; however, any error did not affect defendant's substantial rights as he cannot show a reasonable probability that, but for the error, he would not have entered his guilty plea; defendant had previously received and served several prison sentence longer than one year for felony convictions.
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