United States v. Michell

Under Rehaif, to obtain a conviction for felon-in-possession offenses, the government must prove both that defendant “knew he possessed a firearm” and “that he knew he belonged to the relevant category of persons barred from possessing a firearm.” Rehaif v. United States, 139 S. Ct. 2200 (2019).

Michell appealed convictions for unlawful possession of a firearm under 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Michell had been convicted of several felonies in 1997 and 2017. In 2017, the FBI conducted a search of Michell’s home and found evidence he had been in possession of firearms. In 2018, Michell was found guilty of possession of a weapon and ammunition by a “prohibited person.” The jury was not instructed to find that Michell knew he belonged to a relevant category. Michell appealed and argued the court erred by not instructing the jury on the “second knowledge element.” Under Rehaif, to obtain a conviction for felon-in-possession offenses, the government must prove both that defendant “knew he possessed a firearm” and “that he knew he belonged to the relevant category of persons barred from possessing a firearm.” Rehaif v. United States, 139 S. Ct. 2200 (2019). The Court held, failure to instruct the jury was an “error” and it was “plain”; however, Michell’s “substantial rights” were not affected because there was no “reasonable probability“ that the jury would find Michell did not know he was a felon at the time of his possession. Greer v. United States, 141 S. Ct. 2090, 2096–97 (2021). The Court reasoned that while Michell’s 1997 conviction was committed when he was a juvenile, Michell’s two convictions in 2017 as adult show there is no reasonable probability he didn't’t know he was a felon at the time of possession. AFFIRMED.