In United States v. King, --- F.3d ---, No. 18-50122 (9th Cir. 2020), the Court affirmed the defendant's conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g).
The case was on remand from the Supreme Court based on Rehaif.
This decision follows on the Johnson decision I wrote about a few weeks ago. Basically, on plain error review, the Court affirms the conviction despite the fact that the government did not introduce any evidence that the defendant knew of his status as a felon. The Court looks outside the trial record to the presentence report, which showed that the defendant pleaded guilty to two felonies and served sentences of greater than one year for each.
