Jury Instructions

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7^th Circuit Court of Appeals

Case Name: United States of America v. Roland Pulliam

Case No.: 19-2162

Officials: SYKES, Chief Judge, and RIPPLE and KANNE, Circuit Judges.

Focus: Jury Instructions

Roland Pulliam was arrested after fleeing from two Chicago police officers. During the chase, both officers saw a gun in Pulliam’s hand. Pulliam had previously been convicted of multiple felonies, making it a federal crime for him to possess a gun. The government charged him with possessing a firearm as a felon, 18 U.S.C. § 922(g)(1); Pulliam was convicted after a jury trial.

After Pulliam was sentenced, the Supreme Court decided Rehaif v. United States, 139 S. Ct. 2191 (2019), which clarified the elements of a § 922(g) conviction. Now, in addition to proving that the defendant knew he possessed a firearm, the government must also prove the defendant belonged to “the relevant category of persons barred from possessing a firearm.” Id. at 2200. This knowledge-of-status element was not mentioned in the jury instructions at Pulliam’s trial.

Pulliam now argues that the erroneous jury instructions and three evidentiary errors require the reversal of his conviction. But none of these alleged errors call for the reversal of Pulliam’s conviction, so we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.