201450P.pdf   08/11/2021  United States  v.  Luke Burning Breast
   U.S. Court of Appeals Case No:  20-1450
   U.S. District Court for the District of South Dakota - Central   
   [PUBLISHED] [Erickson, Author, with Gruender and Kobes, Circuit Judges] 
   Criminal case - Criminal law. It was immaterial in this case whether there 
   was proof that the upper receiver of the assault rifle traveled in 
   interstate commence when the evidence established that a completed rifle 
   capable of being shot traveled in interstate commerce prior to defendant's 
   possession of the weapon; the evidence was sufficient for the jury to find 
   defendant's finished rifle meets the first part of the definition of a 
   firearm as set forth in 18 U.S.C. Sec. 921(a)(3); the jury was properly 
   instructed that the interstate commerce element of the offense is 
   satisfied if the firearm was transported in interstate commerce at some 
   time during or before defendant's possession of it; Rehaif does not alter 
   the well-known maxim that ignorance of the law or mistake of the law is no 
   excuse, and defendant's mistaken belief that he is no longer a prohibited 
   person because his gun rights were restored under tribal law is 
   unavailing; the district court's instructions on the interstate nexus 
   element of the offense were not erroneous. Judge Kobes, dissenting.