Whether Rehaif error occurred and the Fourth Circuit erred in failing to remand the case

QUESTION PRESENTED 1. WHETHER, IN A CASE WHERE REHAIF ERROR OCCURRED, THE FOURTH CIRCUIT ERRED IN FAILING TO REMAND THE CASE TO THE DISTRICT COURT TO MAKE THE DETERMINATION WHETHER, BUT FOR THE REHAIF ERROR DURING THE PLEA COLLOQUY, THERE WAS A REASONABLE PROBABILITY THAT THE PETITIONER WOULD HAVE GONE TO TRIAL RATHER THAN PLEAD GUILTY. i | | i | |