As summer draws to a close, here are two more summary orders of interest.
In United States v. Reap, No. 06-5793-cr (2d Cir. August 30, 2010), the court notes that it is an open question in the circuit whether 18 U.S.C. § 922(g)(1) requires proof that the defendant knew that he had a prior felony conviction.
In United States v. Goodwin, No. 09-2019-cr (2d Cir. September 9, 2010), the district court erroneously applied the four-level enhancement for possessing a firearm “in connection with” another felony offense by relying on a “fact not supported by record evidence.” The court rejected the defendant’s request for a remand with instructions not to impose the enhancement, instead opting for an “open ended” remand because “the facts relating to whether the enhancement might apply are unclear.”