James Innocent v. United States
SocialSecurity Securities Immigration
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?
QUESTION PRESENTED FOR REVIEW This Court held in Rehaif v. United States , 139 S. Ct. 2191 (2019), that in a prosecution under 18 U.S.C. §§ 922(g), 924(a)(2), the government must prove not only that the defendant knew he possessed a firearm, but also that he knew he belonged to the relevant category of persons banned from possessing a firearm. Recently this Court, in Greer v. United States, 19-8709 (Jan. 8, 2021), issued a writ of certiorari to the Eleventh Circuit to determine whether the Eleventh Circuit properly relied on matters outside the trial record to determine whether a finding of plain error under Rehaif required a reversal of the conviction. Mr. Innocent raises the exact same question as the petitioner in Greer. The question presented is: Whether when applying plan-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 pubic reputation of the trial? i INTERESTED PARTIES There are no