United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1276 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Taleb Jawher lllllllllllllllllllllDefendant - Appellant ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: December 13, 2019 Filed: February 24, 2020 ____________ Before ERICKSON, MELLOY, and KOBES, Circuit Judges. ____________ MELLOY, Circuit Judge. Taleb Jawher pleaded guilty to possessing a firearm while being an alien illegally or unlawfully in the United States under 18 U.S.C. § 922(g)(5)(A). Jawher now appeals his judgment of conviction under Rehaif v. United States, 139 S. Ct. 2191 (2019). Applying plain error review, we reverse.1 I. Taleb Jawher was born in Kuwait in 1978 and lived in Jordan until the early 1990s. In 1996 and 1997, Jawher suffered major injuries to his left eye, which were not adequately treated. On May 13, 2007, Jawher came to the United States on a non-immigrant B-2 visa to receive medical treatment and a prosthetic eye. The visa expired on June 12, 2007. Jawher stayed in the United States and, in 2008, married a United States citizen to whom he remains married. In 2009, Jawher and his wife filed petitions to adjust his status, which were denied. In 2015, Jawher and his wife again filed petitions to adjust his status. On July 28, 2015, the Department of Homeland Security (DHS) issued Jawher a Notice to Appear. On October 1, 2015, the United States Citizenship and Immigration Services (USCIS) interviewed Jawher and his wife in connection with her still-pending petition (a Petition for Alien Relative) for his adjustment of status. Under a work permit, Jawher worked as a clerk at a convenience store in St. Louis, Missouri. On the evening of September 26, 2017, he fatally shot a customer with a firearm after a verbal and physical confrontation. On November 15, 2017, a federal grand jury indicted Jawher on one count of being an alien illegally or unlawfully in the country and possessing a firearm in violation of 18 U.S.C. § 922(g)(5)(A). On May 7, 2018, Jawher pleaded guilty to the indictment pursuant to a written agreement. At the plea hearing, Jawher’s colloquy went as follows: 1 Jawher also raised sentencing-related arguments, which are moot. -2- THE COURT: Do you then agree that you are an alien illegally and unlawfully in the United States? THE DEFENDANT: Yes, Your Honor. THE COURT: Do you also agree that you knowingly possessed a firearm? THE DEFENDANT: Yes, Your Honor. THE COURT: And finally, do you agree and admit that sometime before or during your possession of the firearm, it had been transported across a state line? THE DEFENDANT: Yes, Your Honor. THE COURT: How do you plead to the charge? THE DEFENDANT: Guilty. On January 23, 2018, the district court sentenced Jawher to a term of imprisonment of 109 months. Jawher timely appealed. Upon leave from this court, Jawher filed amended briefing, bringing arguments under Rehaif. Cf. United States v. Hollingshed, 940 F.3d ...
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