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United States v. Benton, 988 F.3d 1231 (10th Cir. 2021) (Feb. 23, 2021)

Feb 23, 2021

In this criminal appeal, the Tenth Circuit joined the Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits to hold that Rehaif v. United States, 139 S. Ct. 2191 (2019), did not require the government to prove that a defendant charged with possession of a firearm by a restricted person knew that his restricted status meant he could not legally possess a firearm.  Instead, Rehaif requires that the government prove (1) that the defendant possessed a firearm, and (2) that he knew of his restricted status when he did so.