Ricardo Burgos v. United States
In Light of this Court's holding in United States v. Gary, (20-444) (S.Ct. June 14, 2021) regarding plain error under Rehaif v. United States, 139 S.Ct. 2191 (2019) did the United States District Court err in refusing to Grant an evidentiary hearing under 28 U.S.C. § 2255, where, on appeal, Mr. Burgos asserted that he did not know he was a felon for the purposes of 18 U.S.C. § 922(g)— as he had successfully completed state probation, had never served a prison sentence, and believed his civil rights to have been restored?
Whether the district court erred in refusing to grant an evidentiary hearing under 28 U.S.C. § 2255 where the defendant asserted he did not know he was a felon for purposes of 18 U.S.C. § 922(g)