19-8709 GREER V. UNITED STATES
DECISION BELOW: 798 F.Appx 483
CERT. GRANTED 1/8/2021
QUESTION PRESENTED:
Last year, this Court held in Rehaif v. United States, 139 S. Ct. 2191 (2019), that,
in a prosecution under 18 U.S.C. §§ 922(g) and 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 barred from possessing a firearm.
Since then the circuit courts of appeals have attempted to define the scope of
review when applying the holding of Rehaif to cases remanded by this Court.
The question presented is:
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?
LOWER COURT CASE NUMBER: 18-12963
https://www.c-span.org/video/?510027-1/greer-v-united-states-oral-argument