192106P.pdf   08/06/2020  United States  v.  Luther Gilmore
   U.S. Court of Appeals Case No:  19-2106
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Benton, Circuit Judge and Williams, 
   District Judge] 
   Criminal case - Criminal law. The instruction the district court gave on 
   possession correctly stated the law, and the district court did not err in 
   denying defendant's request to modify it; nor did the court err in 
   rejecting defendant's "theory of the case" defense instruction on the 
   ground the instructions on reasonable doubt and possession conveyed the 
   substance of the proposed instruction; any error in the indictment and 
   jury instructions under Rehaif v. United States, 139 S.Ct. 2191 (2019) was 
   not plain error warranting relief; there was sufficient evidence on the 
   knowledge-of-status element to sustain the verdict; upholding the 
   conviction would not result in a miscarriage of justice.