Summary
holding that McCline had served more than one-year imprisonment in four previous convictions and therefore could not plausibly argue he was unaware of his legal disability
Summary of this case from McCline v. United StatesOpinion
No. 18-3453
03-31-2020
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. KENNY B. MCCLINE, Defendant-Appellant.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1 Before FRANK H. EASTERBROOK, Circuit Judge ILANA DIAMOND ROVNER, Circuit Judge DIANE S. SYKES, Circuit Judge Appeal from the United States District Court for the Southern District of Illinois. No. 3:17-CR-30200-SMY-1
Staci M. Yandle, Judge.
Order
Kenny McCline pleaded guilty to possessing a firearm, despite felony convictions that made it unlawful for him to do so. 18 U.S.C. §922(g)(1). While this case was pending on appeal, the Supreme Court held in Rehaif v. United States, 139 S. Ct. 2191 (2019), that knowledge of the disqualifying felony conviction is an element of the offense defined by §922(g)(1). McCline asks us to vacate his guilty plea, because before the judge accepted that plea she did not inform him that, at a trial, the prosecution would need to prove that he knew that a prior conviction made it unlawful for him to possess firearms.
McCline has not argued, however, that he was unaware of his legal disability, and such an argument would not be plausible. A disqualifying conviction is one "punishable by imprisonment for a term exceeding one year" (§922(g)(1)). McCline has several such convictions, and he actually served more than a year in prison for four of them. He does not contend that he was ignorant of the fact that being sentenced to, and serving, more than a year in prison shows that a sentence exceeding one year was authorized.
Instead McCline argues that the prosecutor must show the absence of prejudice, which should be presumed. This court rejected that argument in United States v. Williams, 946 F.3d 968 (7th Cir. 2020). Williams controls this appeal.
AFFIRMED