Juan Anibal Patrone v. United States
Immigration JusticiabilityDoctri
Whether the district court's violation of Rehaif v. United States, 139 S. Ct. 2191 (2019) entitles a defendant to relief, irrespective of whether the defendant can show a reasonable probability that, but for the error, he would have gone to trial
Questions Presented First, whether the district court's violation of Rehaifv. United States, 139 S. Ct. 2191 (2019) — when it omitted the knowledge of immigration status element under 18 U.S.C. § 922(g)(5)—entitles a defendant to relief, irrespective of whether the defendant can show a reasonable probability that, but for the error, he would have gone to trial. Second, whether the pattern element of USSG § 4B1.3 requires proof of planned criminal acts that occur over at least one year, rather than weeks or months, where the livelihood element explicitly imposess a time-based requirement of twelve months. 2