182481P.pdf   07/07/2020  United States  v.  Rasheik Harris
   U.S. Court of Appeals Case No:  18-2481
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Kobes, Author, with Erickson and Melloy, Circuit Judges] 
   Criminal case - Criminal law and sentencing. Defendant's claim that he was 
   denied assistance of counsel in connection with his motion to suppress 
   necessarily includes a claim that his second appointed attorney was 
   ineffective for failing to request a new hearing and this ineffective 
   assistance of counsel claim would not be considered on direct appeal; 
   challenged hearsay admitted on redirect of a government witness was 
   elicited after defendant opened the door and invited the error during his 
   cross-examination; it was error for the court not to instruct the jury on 
   the element of being a felon in possession of a firearm identified in 
   Rehaif, but defendant has not shown that the error affected his 
   substantial rights; defendant had several prior felony convictions which 
   prohibited him from possessing a firearm, including one for being a felon 
   in possession, and he told the officer at the time he was a convicted 
   felon; the court adequately explained its decision to give defendant a 
   sentence at the top of his advisory guidelines range; a court is not 
   required to give a mechanical recitation of all of the Section 3553(a) 
   factors; defendant's sentence was not substantively unreasonable, as it 
   was within the court's discretion to place greater weight on defendant's 
   criminal history than on other factors.