Monday, November 30, 2020

It is rare we summarize orders and amended opinions. This is worth noting for the dissent. Think of it as Rehaif taking flight.

US v. Price, No. 15-50556 (11-27-20)(Order & Amended Opinion). The 9th denies a rehearing en banc; the panel denies a rehearing; and an amended opinion and concurrence is filed. The panel affirms a conviction for knowingly engaging in sexual contact without permission on an international flight in violation of 18 U.S.C. § 2244(b). The majority finds that the “knowingly” is objective; not subjective. The concurrence disagrees and would find that knowingly is subjective but here the error is harmless. The panel concludes that Rehaif does not alter the conclusion.

In a dissent from en banc, Collins (joined by Ikuta and VanDyke for Parts I and II,  and Bumatay for for II(B)(1), argues that the 9th writes out “knowingly” from the statute. This is a missing element; it violates canons of construction; and it runs afoul of Rehaif by not applying “knowingly” to each element.

The lengthy dissent could be deemed addressed to SCOTUS. Keep an eye on this case; and use it to raise Rehaif applicability to all elements of charges.

Kudos to Jonathan Libby, FPD Cal central (Los Angeles) for this spirited appeal.

The decision is here:


Post a Comment

<< Home