Whether Mr. Martinez's convictions for violating 18 U.S.C. § 922(g)(9) must be reversed

QUESTIONS PRESENTED FOR REVIEW 1. Whether Mr. Martinez’s convictions for violating 18 U.S.C. § 922(g)(9), possession of a firearm after a conviction for a “misdemeanor crime of domestic violence,” must be reversed because the panel erred under Rehaif v. United States, __U.S._, 139 S. Ct. 2191 (2019), by failing to determine whether Mr. Martinez knew the facts that made his conviction a “misdemeanor crime of domestic violence” as that term is defined in 18 U.S.C. § 921(a)(33)? 2. Whether Mr. Martinez’s convictions for violating 18 U.S.C. § 922(g)(9) must be reversed because the trial record was devoid of proof that Mr. Martinez knew at the time of the offense that he had a prior conviction for a “misdemeanor crime of domestic violence,” as defined by 18 U.S.C. § 921(a)(33), and the government would have been unable to meet its burden even if matters outside the trial record were considered? 3. Whether Mr. Martinez’s convictions at trial for violating 18 U.S.C. § 922(g)(9), without proof that he knew that his conviction was a “misdemeanor crime of domestic violence” as that phrase is defined in 18 U.S.C. § 921(a)(33), and as required by Rehaif v. United States, __U.S.__, 131 S.Ct. 2191 (2019), constitutes structural error, requiring reversal on plain error review regardless of whether the error affected the outcome of the proceedings? On January 8, 2021, this Court granted a petition for a writ of certiorari which presents a related issue. See United States v. Gary, 20-444, Petition for Writ of Certiorari at i; United States v. Gary, 2021 WL 77245 (Mem.) (Jan. 8, 2021). 4. Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters outside the trial record to determine whether the error affected a defendant’s substantial rights or impacted the fairness, integrity, or public reputation of the trial? On January 8, 2021, this Court granted a petition for a writ of certiorari which presents this issue. See Greer v. United States, 19-8709, Petition for Writ of Certiorari at i; Greer v. United States, 2021 WL 77241 (Mem.) (Jan. 8, 2021). INTERESTED