Wednesday, June 29, 2022

US v. Werle, No. 20-36005 (6-3-22)(M. Smith w/Tashima & Nguyen). In Rehaif, the govt must prove the defendant knew he was a felon when he possessed a firearm. Here, the district summarily dismissed the 2255 because the court felt he did on the record. The 9th reversed. First, petitioner can overcome procedural default given the overwhelming weight of precedent. Second, though petitioner was sentenced previously to more than a year in prison and acknowledged he was convicted of felonies, such facts do not conclusively show he knew his status to the degree needed for summary dismissal. He may not have pled guilty to being a felon in possession had he been advised of the govt’s burden to meet the Rehaif knowledge element. This is remanded for an evidentiary hearing.


Congrats to Houston Goddard of the Fed Def of E WA and Idaho (Spokane).



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