In the United States Court of Appeals For the Seventh Circuit ____________________ No. 19-2384 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. KORDELL PAYNE, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Eastern District of Wisconsin. No. 2018-CR-172-PP — Pamela Pepper, Chief Judge. ____________________ SUBMITTED JUNE 9, 2020 * — DECIDED JULY 8, 2020 ____________________ Before SYKES, Chief Judge, and KANNE and BRENNAN, Cir- cuit Judges. BRENNAN, Circuit Judge. A defendant pleaded guilty to the crime of felon in possession of a firearm. The law now re- quires that the defendant’s knowledge of his felon status be * We granted the parties’ joint motion to waive oral argument, and the appeal is therefore submitted on the briefs and the record. FED. R. APP. P. 34(a)(2)(C). 2 No. 19-2384 reviewed as part of such a plea, which was not done. We con- sider whether, but for that clear and obvious error, there is a reasonable probability the defendant would not have entered a guilty plea. Such a probability exists when, given the entire record, a jury might believe the defendant was plausibly ig- norant of his status as a felon. I One night in June 2018, Milwaukee police officers heard gunshots. They sped toward the sounds and saw two men crossing the street. Upon seeing the officers, one of the men, Kordell Payne, ran. The officers pursued him and saw him throw a pistol into a yard. After catching up with Payne and arresting him, the officers recovered the pistol, which was loaded. Once in custody, Payne attempted to hide his identity; he told the officers his name was “Jeffrey Demps” and provided a false birthdate. He also said he was not a felon. After finger- printing, the officers learned Payne had outstanding warrants for absconding from state probation and three prior felony convictions. In 2008, when Payne was 20-years old, he was convicted of child abuse (he admitted to breaking his girlfriend’s child’s arm) and driving a stolen vehicle (he was stopped in a stolen car while on pre-trial release). See WIS. STAT. §§ 943.23(3)(a) (felony operating vehicle without owner’s consent), 948.03(2)(b) (felony physical abuse of a child). For these two felonies Payne received concurrent sentences of 15 months’ imprisonment with 15 months’ supervision, but the sentences were stayed pending successful completion of three years’ probation with six months in the Milwaukee County House No. 19-2384 3 of Correction. Payne’s probation was eventually revoked in both cases, so he served 13 months in confinement on the con- current sentences. In 2014, Payne was convicted of a third fel- ony, failure to comply with a police officer; he hid from offic- ers who were attempting to take him into custody for holding hostage a domestic partner and her child. See WIS. STAT. § 946.415(2). Payne also was convicted of misdemeanor bat- tery for the injuries he caused to his partner. See WIS. STAT. § 940.19(1). For the felony, Payne was sentenced to exactly one year in state prison, and for ...
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