222870P.pdf   08/30/2023  United States  v.  Edell Jackson
   U.S. Court of Appeals Case No:  22-2870
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] Published Order. Before the Court En Banc. Appellant's petition for 
   rehearing en banc is denied. The petition for panel rehearing is also 
   denied. Judges Erickson, Grasz, and Stras would grant the petition for 
   rehearing en banc. Judge Colloton concurring in the denial of the petition 
   for rehearing en banc. Judge Stras, with whom Judge Erickson and Judge 
   Grasz join, dissenting from the denial of the petition for rehearing en 
   banc. 
  
222870P.pdf   06/02/2023  United States  v.  Edell Jackson
   U.S. Court of Appeals Case No:  22-2870
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Benton, 
   Circuit Judge] 
   Criminal case - Criminal law. The instruction given on the elements 
   required for a conviction under 18 U.S.C. Sec. 922(g)(1) was not 
   erroneous; defendant's argument that the court should have provided the 
   jury with the statutory language from Sec. 921(a)(20) and allowed the jury 
   to decide whether his right to possess a firearm had been restored is 
   foreclosed by this court's decision in U.S. v. Stanko, 491 F.3d 408 (8th 
   Cir. 2007) as the question of whether a conviction satisfies the criteria 
   under Sec. 921(a)(20) is a question of law for the court; the instruction 
   was also consistent with Rehaif as it allowed defendant to argue, and a 
   jury to find, that he lacked the requisite knowledge due to a belief that 
   his rights had been restored; the district court did not abuse its 
   discretion in answering two questions from the jury; argument that 18 
   U.S.C. Sec. 922(g)(1) is unconstitutional as applied to defendant because 
   his prior drug offenses were non-violent and do not show that he is more 
   dangerous than the average person rejected; Congress acted within the 
   historical tradition when it enacted the prohibition on possession of 
   firearms by felons.