Knowing you are a felon
Furlow v. United States
In brief
The Supreme Court ordered another look at Furlow's case but did not decide whether he should get relief.
- Where it stands
- Case remanded
Remanded · June 1, 2020
- What it’s about
- Furlow challenged his firearm conviction, arguing jurors should have decided whether he knew he was a felon.
- Who it affects
- The Fourth Circuit must revisit Furlow's case, but the Supreme Court's order does not give him relief.
Summary: written with AI from the case record.
What it's about
The Supreme Court agreed to hear the case, wiped out the Fourth Circuit’s judgment (vacated it), and sent the case back to the lower court (remanded it) for another look in light of Rehaif; it did not decide whether Furlow gets relief.
Furlow's conviction arose under a federal law barring people with felony convictions from possessing firearms.
Question presented
Whether the court of appeals erred in holding that a defendant who is convicted of possessing a firearm as a felon, in violation of 18 U.S.C. § 922(g)(1), is not entitled to relief on plain-error review for the district court’s failure to instruct the jury on the knowledge-of-status element required by Rehaif v. United States, 139 S. Ct. 2191 (2019), unless he makes an affirmative showing that he would not have been convicted if the jury had been so instructed?
What the Court decided
Holding
Motion to proceed in forma pauperis and petition for a writ of certiorari granted. Judgment vacated and case remanded for further consideration in light of Rehaif v. United States, 588 U. S. ___ (2019).
- Result
- Remanded
What's next
The Fourth Circuit will reconsider Furlow's case in light of Rehaif.
Documents
Docket activity
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AI analysis generated: Case Briefing
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More questions
- What did Furlow say the jury should have decided?
- He argued that jurors should have decided whether he knew he was a felon.
- What question about relief did Furlow's case raise?
- Whether he had to show that a proper jury instruction would have meant he was not convicted to receive relief.
- Did the Supreme Court decide whether Furlow gets relief?
- No. It wiped out the Fourth Circuit's ruling and sent the case back for another look.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.