UNITED STATES v. LEONARD

No. 19-14142.

4 F.4th 1134 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Tarresse LEONARD, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 8, 2021.


Attorney(s) appearing for the Case

Brandy Brentari Galler , U.S. Attorney's Office, West Palm Beach, FL, Robert Benjamin Cornell , U.S. Attorney's Office, Fort Lauderdale, FL, Nicole D. Mariani , Emily M. Smachetti , U.S. Attorney Service Southern District of Florida, Miami, FL, for Plaintiff-Appellee.

Ralph Michael Hursey , Michael Hursey, PA, Fort Lauderdale, FL, for Defendant-Appellant.

Tarresse Leonard, pro se.

Before MARTIN, GRANT, and BRASHER, Circuit Judges.


A defendant must know that he is a felon in order to be convicted under 18 U.S.C. § 922(g) as a felon in possession of a firearm. This case requires us to decide whether an indictment that does not clearly set out that element warrants an automatic presumption of prejudice to the defendant. It does not. That kind of error...

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