United States v. Games-Perez

I join the order denying en banc review (the “Order”). I write to clarify why it is appropriate to deny Games-Perez’s petition for rehearing en banc.

It is only at this very late stage in the proceedings that this case has come to be about whether the plain language of two provisions of the United States Code, 18 U.S.C. §§ 922(g)(1) and 924(a)(2) — which respectively prohibit possession of a firearm by a felon and set out the penalty for that criminal conduct1 — require for conviction knowledge by a defendant of his status as a felon. The Dissent asserts the answer to this late-arriving…