United States v. Rodney Lavalais, 960 F.3d 180

Kenner, Louisiana police sting: undercover officer met escort (Chyna); after initial encounter detectives tracked a rented Ford Explorer driven by Rodney Lavalais and later arrested him; a loaded Glock was found near the driver’s seat.
The gun belonged to a different renter who had left her belongings in the car; she later inquired whether Avis had recovered her Glock.
Lavalais pleaded guilty to being a felon in possession under 18 U.S.C. § 922(g)(1), admitting possession, interstate nexus, and a 2008 felony conviction; the plea colloquy did not include the knowledge-of-status element later required by Rehaif v. United States.
At sentencing the PSR applied enhancements (stolen firearm, use during another felony, obstruction), later adjusted; the district court imposed a 105-month sentence after finding a basis for an upward departure/variance under U.S.S.G. § 4A1.3(a) and 18 U.S.C. § 3553(a).
On appeal Lavalais raised a Rehaif-based challenge (not preserved at plea) and attacked the stolen-firearm enhancement and the substantive and procedural reasonableness of his sentence.
The Fifth Circuit affirmed: Rehaif error did not satisfy plain-error prejudice prong (record showed he knew his felon status); the stolen-firearm enhancement and the 105‑month sentence were affirmed as reasonable.

Issue	Lavalais' Argument	Government's Argument	Held
Whether failure at plea to notify of Rehaif knowledge-of-status element requires reversal / is structural error	Rehaif error invalidates plea; reversal required or at least plain-error relief	Error conceded but is not structural; defendant must show prejudice under plain-error test	Not structural; defendant must show prejudice and failed to do so; conviction affirmed
Whether indictment/plea preserved claim that an element was omitted from indictment	Plea does not waive claim that indictment omitted an element of offense	Guilty plea waives non-jurisdictional defects; claim forfeited and reviewed for plain error	Plea forfeited the claim; plain-error review applies and fails
Whether the firearm was "stolen" for U.S.S.G. § 2K2.1(b)(4)(A) enhancement	Gun was merely "missing," not stolen	Lavalais took and kept the gun without owner’s permission and tried to conceal ownership; intended deprivation supports "stolen" finding	Firearm was "stolen" under a broad interpretation; two-level enhancement affirmed
Whether the 105‑month sentence was procedurally or substantively unreasonable	Sentence was excessive and improperly based on upward departure/variance	District court properly considered § 3553(a) factors, criminal history, and public safety; even if departure flawed, variance supports sentence	Sentence is procedurally sound and substantively reasonable; 105 months affirmed

Rehaif v. United States, 139 S. Ct. 2191 (2019) (requires government to prove defendant knew his status under § 922(g))
Puckett v. United States, 556 U.S. 129 (2009) (plain-error framework requires showing prejudice to substantial rights)
Vonn v. United States, 535 U.S. 55 (2002) (guilty plea forfeiture and plain-error review on appeal)
Dominguez Benitez v. United States, 542 U.S. 74 (2004) (reasonable-probability standard for prejudice in plea colloquy errors)
Weaver v. Massachusetts, 137 S. Ct. 1899 (2017) (identifies narrow categories of structural error requiring automatic reversal)
Griffith v. Kentucky, 479 U.S. 314 (1987) (new rules apply on direct appeal)
Gall v. United States, 552 U.S. 38 (2007) (standard for reviewing sentencing reasonableness and procedural requirements)
United States v. Gary, 954 F.3d 194 (4th Cir. 2020) (contrasting view: treats Rehaif error as structural)