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UNITED STATES v. GEAR

No. 19-10353.

985 F.3d 759 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Melvyn GEAR, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 19, 2021.

Attorney(s) appearing for the Case

Ted Sampsell-Jones (argued), Dennis P. Riordan , and Donald M. Horgan , Riordan & Horgan, Oakland, California, for Defendant-Appellant.

Marshall Silverberg (argued), Assistant United States Attorney; Marion Percell , Chief of Appeals; Kenji M. Price , United States Attorney; United States Attorney's Office, Honolulu, Hawaii; for Plaintiff-Appellee.

Concurrence by Judge Silver; Partial Concurrence and Partial Dissent by Judge Bumatay

OPINION

Along with felons, illegal aliens, and other specified groups, Congress proscribed nonimmigrant-visa holders from lawfully possessing a firearm. 18 U.S.C. § 922(g)(5)(B). But to be penalized for violating this law under 18 U.S.C. § 924(a)(2), Congress also required the nonimmigrant-visa holder's knowledge of his...

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