United States v. Games-Perez
2012 U.S. App. LEXIS 1242
| 10th Cir. | 2012Background
- Games-Perez was indicted for possession of a firearm by a felon in 18 U.S.C. § 922(g)(1).
- He sought a pretrial ruling requiring proof that he knew he was a felon; the district court denied this, and he entered a conditional guilty plea under Fed. R. Crim. P. 11(a)(2).
- The district court sentenced him to 57 months’ imprisonment and three years of supervised release.
- In state court, Games-Perez received a deferred judgment and sentence for felony attempted robbery, with explicit probation conditions prohibiting firearm possession.
- He signed probation documents indicating he understood the restrictions, including a prohibition on firearm possession.
- Less than a year later, he was found with a firearm while on probation, leading to the federal felon-in-possession charge that is the subject of this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether knowledge of felon status is required for §922(g)(1). | Games-Perez argues he did not know he was a felon. | Games-Perez contends knowledge of felon status should be proven. | Knowledge of felon status not required |
| Whether Capps controls and requires knowledge of felony status. | Capps supports no knowledge requirement of felony status. | Games-Perez urges a distinction from Capps based on his mistaken belief from state proceedings. | Capps controls; affirmance of conviction |
| Does §924(a)(2)’s 'knowingly' apply to the felon-status element of §922(g)(1)? | Knew or should have known his felon status should be proven. | Might require knowledge of felony status by the defendant. | No, 'knowingly' does not modify felony-status element under controlling precedent |
Key Cases Cited
- United States v. Capps, 77 F.3d 350 (10th Cir. 1996) (only knowledge required is knowledge that the weapon is a firearm)
- United States v. Langley, 62 F.3d 602 (4th Cir. 1995) (discussion of legislative history; en banc/majority opinions cited by Capps)
- Staples v. United States, 511 U.S. 600 (1994) (presumption of mens rea when absent; considers need for knowledge of weapon characteristics)
- United States v. X-Citement Video, Inc., 513 U.S. 64 (1994) (knowingly language and mens rea implications for sexual-content statute)
- United States v. Dancy, 861 F.2d 77 (5th Cir. 1988) (early rationale on mens rea for §922(g) convictions)
- United States v. Mains, 33 F.3d 1222 (10th Cir. 1994) (knowledge that instrument possessed is firearm standard cited by Capps)
- United States v. Flower, 29 F.3d 530 (10th Cir. 1994) (knowledge of firearm possession element in §922(g))