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Keywords

defendantstatutehearingpleaguilty plea

settlementdefendanthearingpleaclass actioncitizenshipguilty plea

Related Cases

Balde; U.S. v.

Facts

Souleymane Balde, a citizen of Guinea, arrived in the U.S. as a child without lawful immigration status. After applying for adjustment of status and missing a scheduled interview due to personal circumstances, his application was denied, and he was placed in removal proceedings. In December 2015, Balde was involved in a fight where he brandished a firearm, leading to his indictment for possession of a firearm as an alien unlawfully in the U.S. He pled guilty but later contested the validity of his plea based on a lack of knowledge regarding his illegal status.

Souleymane Balde is a citizen of Guinea. He first arrived in the United States as a child, without lawful immigration status. In May 2005, Balde sought to adjust his status to become a lawful permanent resident, apparently pursuant to the terms of a class action settlement agreement. To qualify for adjustment of status, Balde had to be interviewed by the United States Citizenship and Immigration Services ('USCIS'). His interview was originally scheduled for December 1, 2005.

Issue

Did the district court err in accepting Balde's guilty plea without advising him that the government had to prove he knew he was unlawfully present in the U.S.?

Rule

Under 18 U.S.C. 922(g)(5)(A) and 924(a)(2), the government must prove that a defendant not only knowingly possessed a firearm but also knew that he was illegally or unlawfully in the United States at the time of possession.

to obtain a conviction pursuant to 18 U.S.C. 922(g)(5)(A) and 924(a)(2), the government must prove that the defendant not only knowingly possessed a firearm, but also knew that he or she was 'illegally or unlawfully in the United States' at the time he or she possessed the firearm.

Analysis

The court applied the rule by examining the requirements set forth in Rehaif v. United States, which clarified that knowledge of illegal presence is a necessary element for conviction under the statute. The court noted that Balde was not informed of this requirement during his plea, and there was no factual basis in the record to support a finding that he had such knowledge. This failure constituted a significant error that affected the fairness of the proceedings.

Because we conclude that Balde has demonstrated a reasonable probability that he would not have pled guilty to violating 922(g)(5)(A) as interpreted by the Supreme Court in Rehaif, we GRANT Balde's petition and withdraw our prior opinion.

Conclusion

The court granted Balde's petition for rehearing, vacated his conviction, and remanded the case for further proceedings consistent with its opinion.

For the reasons stated below, we reject the first argument. Because we agree with the second, however, we grant the petition for rehearing, withdraw our previous opinion, vacate the judgment of conviction, and remand the case for further proceedings consistent with this opinion.

Who won?

Souleymane Balde prevailed in the case because the court found that the district court's failure to inform him of the knowledge requirement regarding his illegal status invalidated his guilty plea.

Balde now petitions for rehearing, arguing that his guilty plea was accepted in error, because he was not advised of the additional knowledge requirement announced in Rehaif, and the record does not contain facts sufficient to satisfy that element of the offense.

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