United States v. Gary
Issues
Is a criminal defendant who pleads guilty to possession of a firearm by a felon automatically entitled to plain-error relief if the district court failed to advise the defendant that a necessary element of the offense was knowledge of his status as a felon?
This case asks the Supreme Court to decide whether a defendant who has pled guilty to the possession of a firearm should receive automatic plain-error relief if the defendant was not advised that an element of the offense is that he knew of his status as a felon. Petitioner United States argues that the guilty plea should not be reversed because plain-error review applies and insists that Respondent did not make the requisite showing of case-specific prejudice. Respondent Michael Andrew Gary counters that the guilty plea should be reversed because plain-error review does not apply in this case and that in the event that it does apply, case-specific prejudice is not required due to the error’s classification as “structural.” The outcome of this case will affect the obligations and strategies of criminal defendants and prosecutors, as well as the burden on the judicial system.
Questions as Framed for the Court by the Parties
Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. 922(g)(1) and 924(a), is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he can show that the district court’s error affected the outcome of the proceedings.
On January 17, 2017, Michael Andrew Gary, who had previously been convicted of a felony, was discovered with a gun in his vehicle following a traffic stop. United States v. Gary at 2.
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Additional Resources
- David Reutter, Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea, Criminal Legal News (June 15, 2020).