Greer v. United States
Decision
Opinion of the Court
Overview
Overview
The Supreme Court held that plain-error review of unpreserved jury instruction claims requires defendants to show the instructional error affected the outcome of the entire trial, not just a single count, when reviewing omitted elements from a lesser-included offense instruction.
The Facts
Facts
Greer was convicted of possessing a firearm while being a felon. He did not object at trial to jury instructions that omitted the scienter requirement announced in Rehaif v. United States (2019), which requires proof the defendant knew he was a felon. He raised the Rehaif error for the first time on appeal.
The Issue
Issue
Whether a defendant who did not object at trial to a Rehaif instructional error can establish plain error warranting reversal when he had extensive prior felony convictions.
The Rules
Rule
To show plain error affecting substantial rights after a Rehaif violation, a defendant must demonstrate a reasonable probability that he was actually unaware of his status as a prohibited person at the time of the offense. A defendant with prior felony convictions cannot make this showing; it is implausible that someone with such a record was unaware that prior convictions placed him in a prohibited category.
The Application
Analysis
Because Greer had extensive prior felony convictions, the Court found it implausible that he was genuinely unaware of his status as a prohibited person. The knowledge element that Rehaif required but was omitted from his jury instructions. Under plain error review, Greer could not therefore establish a reasonable probability that this instructional omission affected the outcome of his trial. With his felony record independently establishing his prohibited status, the omitted scienter element could not have been outcome-determinative, and Greer failed to meet the plain error standard for reversal.
The Conclusion
**The Court held, with eight Justices joining Justice Kavanaugh's opinion, that a defendant must show a reasonable probability that the Rehaif instructional error affected the outcome of the trial.** Most defendants will lose on plain-error Rehaif challenges because their own criminal records make it implausible they were unaware of their felon status. Justice Sotomayor concurred in part and dissented in part only as to the consolidated case, United States v. Gary.
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