Greer v. United States

The Court decided that appeals courts may look beyond the trial record when reviewing an unpreserved Rehaif error. A defendant must show a reasonable probability that the result would have differed without the error.

Justice Kavanaugh wrote the 9–0 opinion, joined by Chief Justice Roberts and Justices Thomas, Alito, Breyer, Kagan, Gorsuch, and Barrett; Justice Sotomayor concurred.

Majority

Kavanaugh

Roberts

Thomas

Alito

Breyer

Kagan

Sotomayor

Gorsuch

Barrett

The decision affects people appealing federal felon-in-possession convictions after failing to raise the knowledge issue at trial. For example, a defendant cannot win a new trial simply by pointing to the error; they must show it likely mattered.

The Supreme Court has finished this case. Lower courts must apply its approach when reviewing similar federal appeals.

It said appeals courts may consider information beyond the trial record when reviewing an unpreserved Rehaif error. The defendant must show the error likely changed the result.

People appealing federal felon-in-possession convictions may be affected, especially if they did not object at trial. They must show the knowledge error likely mattered.

The Supreme Court has finished the case. Lower courts will use this decision in similar appeals involving Rehaif errors.