Rakeem Asaad Davis v. United States
When determining whether a defendant's substantial rights were affected by an indictment and jury instructions that omitted an essential element of a § 922(g)(1) offense, i.e., that the defendant knew he previously had been convicted of a crime punishable by imprisonment for a term exceeding one year, may a reviewing court consider facts about a defendant's criminal history that were not admitted at trial, including facts culled from a presentence report?
Whether a reviewing court may consider a defendant's criminal history facts not admitted at trial when determining if an omission of an essential element in a § 922(g)(1) indictment and jury instructions affected the defendant's substantial rights