Delson Marc v. United States

In Rehaif v. United States, 139 S.Ct. 2191, 2194 (2019), this Court held that 18 U.S.C. Sections 922(g) and 924(a)(2) require that the government prove “the defendant knew he possessed a firearm and also that he knew he had the relevant status when he possessed it.” One “relevant status” is that the defendant have a prior conviction for “a crime punishable by imprisonment for a term exceeding one year.” 18 U.S.C. § 922(g)(1). There is a direct split between the Circuits in cases that were tried to a jury and were pending on direct appeal when this Court decided Rehaif. The two questions presented in this Petition are: The Circuits are split. Does this opinion directly conflict with United States v. Gary, 4th Cir. 2014, oral argument before this Court on April 20, 2021, in determining whether in light of Rehaif, a defendant’s conviction may be affirmed even though the indictment did not charge, and the government did not prove, that the defendant knew his felon status, which is an essential element of 18 U.S.C. § 922(g)? Additionally, will the forthcoming resolution by this Court of the matter of Gregory Greer v. United States, Case No., 19-8709, oral argument on April 20, 2021, will be applicable to and dispositive of the questions raised in Delson Marc’s case and in this Petition.