Firearm Offenses

The Seventh Circuit reversed the defendant’s conviction under 922(g) based on his prior misdemeanor conviction for family violence battery. Under Rehaif, the Government would have had to prove that the defendant knew that his prior conviction prohibited him from possessing firearms, and the defendant established a reasonable probability that he would not have pleaded guilty had he known the Government’s burden, especially given the circumstances of his prior misdemeanor conviction, which involved a guilty plea without counsel or being thoroughly advised of the collateral consequences.

The Court affirmed the defendant’s conviction for armed bank robbery and related firearm charges, holding that the a trial court’s admission of unduly suggestive out-of-court identifications is not reversible error where the identification is otherwise reliable, there was sufficient evidence that the bank was federally insured, and new DNA testimony regarding deviations between the witness’s testimony and the FBI’s guidelines on DNA evidence would not likely change the outcome of the trial.

The Court affirmed the defendant’s convictions for unlawful possession of unauthorized access devices and aggravated identity fraud, holding that it was not an abuse of discretion for the court to admit evidence of a firearm owned by the defendant. The evidence was relevant to the defendant’s possession of the unauthorized access devices because the firearm was found within close proximity of the access devices and within the same small area, and the probative value outweighed any undue prejudice, especially since the government did not indicate to the jury that the firearm was unlawfully owned.

Evidence/Expert Testimony – An officer is not testifying as an expert when he testifies that firearms are often involved in drug activity where such lay opinion testimony is based on his professional experiences. Evidence/Rule 403 – Evidence of drug distribution and possession is relevant in unlawful possession of firearm cases where the element of knowledge […]

The Court affirmed the defendant’s sentence under the Armed Career Criminal Act, holding that his prior Florida convictions for strong-arm robbery and felony battery were “violent felonies” under the ACCA’s elements clause.

The Court vacated the defendant’s conviction for unlawful possession of a firearm by an unlawful immigrant. The Court held that the district court’s pre-Rehaif order excluding the defendant’s immigration applications and evidence that he believed he was legally in the U.S. amounted to plain error given the Supreme Court’s opinion in Rehaif. The Court further held that the defendant was prejudiced by not being able to introduce this evidence given his consistent arguments in pre-trial and sentencing proceedings that he believed he was legally in the U.S.

The Court affirmed the district court’s finding that officers’ warrantless search of a home was justified under the “emergency aid exception.” The Court held that the officers had a reasonable belief that a dog’s whimpering inside the house was a human in need of emergency aid based on their initially responding to a 911 regarding gun shots, the defendant’s belligerent behavior prior to his arrest, and the officers’ belief that someone else may have been in the house.

The Eleventh Circuit rejected a number of challenges in affirming the defendants’ sentences for drug trafficking and unlawful possession of firearms, holding that the district court did not plainly err in shackling the defendants during trial without stating its reasons in the record and that the district court did not abuse its discretion in interviewing jurors in camera regarding their safety concerns and summarizing those interviews for the parties. The Court also concluded that the indictments failure to allege the defendants’ mens rea as required under Rehaif v. United States did not deprive the court of jurisdiction and the plain error of convicting the defendants of unlawful possession of firearm did not warrant reversal where the government would have been able to prove their knowledge.

The Court reversed the defendant’s conviction for obstruction of justice by attempting to kill a witness where the evidence showed that the defendant shot at an officer “out of frustration and retaliation” and not with the intent of “preventing a communication about the commission of a federal offense” to other other officers.

The Court held that selling body armor is not sufficient to warrant an enhancement for “using” body armor under U.S.S.G. § 3B1.5, which enhances a defendant’s offense level if the defendant used body armor though “active employment in a manner to protect the person from gunfire” or “as a means of bartering.” The Court held that the definition of bartering applies to trading goods without the use of money.