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United States v. Abernathy

United States Court of Appeals for the First Circuit

83 F.3d 17 (1996)

Relevant factsFree

Abernathy pleaded guilty to both being a felon in possession of a firearm and possessing a firearm with an obliterated serial number, but neither the prosecutor, defense counsel, nor the judge understood that the serial-number offense required proof of the defendant's actual knowledge of the obliteration, and the record indicated Abernathy himself remained unaware of this element throughout the plea proceedings.

IssueFree

Whether actual knowledge is an element of the federal crime of possessing a firearm with an obliterated serial number.

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