United States v. Gary
In brief
The Supreme Court overturned the Fourth Circuit's ruling: Gary must show on appeal that he would have presented evidence he did not know he was a felon before receiving relief.
- Where it stands
- Decided
Decided 8-1 · June 14, 2021 · Opinion by Justice Kavanaugh
- What it’s about
- This case considers whether a defendant who pleaded guilty to being a felon in possession of a firearm is automatically entitled to relief if the trial court failed to inform him that knowing his felon status was an element of the crime.
- Who it affects
- Defendants who did not object at trial cannot win relief just by pointing to the missing warning. On appeal, they must make a sufficient argument that they would have presented evidence showing they did not know they were felons.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled that defendants must show this error actually affected the outcome of their proceedings to receive relief.
The case explains how plain-error review (review of a mistake not raised at trial) works in federal guilty-plea cases involving firearm offenses.
Question presented
Whether a defendant who pleaded guilty to being a felon in possession of a firearm is automatically entitled to relief if the trial court failed to inform him that knowing his felon status was an element of the crime.
What the Court decided
Holding
In felon-in-possession cases, a Rehaif error is not a basis for plainerror relief unless the defendant first makes a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not in fact know he was a felon. Under Rule 51(b) of the Federal Rules of Criminal Procedure, a defendant who has “an opportunity to object” to an alleged error and fails to do so forfeits the claim of error. If, as with Greer and Gary here, a defendant later raises the forfeited claim on appeal, Rule 52(b)’s plainerror standard applies. See Puckett v. United States, 556 U. S. 129, 135. To establish eligibility for plain-error relief, a defendant must show 483, affirmed. No. 20–444, 954 F. 3d 194, reversed.
- Result
- Reversed
The vote
What's next
Courts handling Gary's claim and similar appeals will apply the Supreme Court's standard. The Court's decision does not itself grant Gary relief; he must first make the required showing.
Documents
Docket activity
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AI analysis generated: Impact Analysis
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More questions
- What did United States v. Gary decide?
- The Supreme Court overturned the Fourth Circuit's ruling. It rejected automatic relief for a missed warning and required the defendant to show the mistake affected the case.
- How can a defendant win relief after this kind of error?
- He must argue on appeal that he would have presented evidence at trial that he did not know he was a felon.
- Did Gary's failure to object matter?
- Because Gary did not object when he had the chance, his claim gets plain-error review for mistakes not raised at trial.
- What happens next in Gary's case?
- Courts handling Gary's claim and similar appeals will apply the Supreme Court's standard. The Court's decision does not itself grant Gary relief.
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.