PUBLISH UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

_________________________________ UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. RONALD BENTON, Defendant - Appellant. No. 20-6023

_________________________________ Appeal from the United States District Court for the Western District of Oklahoma (D.C. No. 5:18-C R-00306-SLP-1)

_________________________________ Timothy C. Kingston, Law Offi ce of Tim Kingston LLC, Fole y, Alabama, for Defendant – Appellant. Wilson D. McGarry, Assistant United States Attorney (Timothy J. Downing, United States Attorney, with him on the brief), Oklahoma City , Oklahoma, for Plaintiff – Appellee.

_________________________________ Before McHUGH , KELLY , and EID , Circuit Judges.

_________________________________ McHUGH , Circuit Judge.

_________________________________ A jury found defendant-appe llant Ronald Benton guilty of one count of possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, in violation of 18 U.S.C. § 922(g )(9). The district court imposed a sentence based on the FILED United States Court of Appeals Tenth Circuit 

### February 23, 2021 Christopher M. Wolpert Clerk of Court2 penalty found in 18 U.S.C. § 924(a)(2). Mr. Benton challe nges his conviction on multiple grounds. Each of these grounds, however, is predicated on accepting his proposed interpretation of the Supreme Court’s decision in Rehaif v. United States , 139 S. Ct. 2191 (2019). Specifically, Mr. Benton argues that, under Rehaif , the government was required to prove not only that he knew he was a dom estic violence misdemeanant, but also that he knew that status prohibited him from pos sessing a firearm. Mr. Benton contends his conviction must be vacated b ecause the jury was not instru cted it must find he knew he was prohibited from possessing a firearm, and because the government presented insufficient evidence concer ning his knowledge that he was so prohibited. We reject Mr. Benton’s interpretation of Rehaif and hold that in a prosecution under §§ 922(g) and 924(a)(2 ), the government need not prove a defendant knew his status under § 922(g) prohib ited him from possessing a firearm. Instead, the only knowledge required for conviction is that th e defendant knew (1) he possessed a firearm 1 and (2) had the relevant status under § 922( g) at the time of his possession. Because we reject Mr. Benton’s prop osed interpretation of Rehaif , we further reject his challenges to the jury instructions and the sufficiency of the ev idence. Exercising ju risdiction under 28 U.S.C. § 1291, we a ffirm his conviction.

1 The knowledge that defendant is in posse ssion of a firearm also requires that the defendant know the object he possesses is a firearm. See Rehaif v. United States , 139 S. Ct. 2191, 2196 (2019). Because that knowledge is not at issue in this case, we do not separately address it.3 I. BACKGROUND

A. Factual History In May of 2018, Mr. Benton went to a gun store located in the Western District of Oklahoma. The manager of the store show ed Mr. Benton several firearms, and Mr. Benton selected one for purchase. He retu rned to the store th e following week and took possession of the gun. Sometime after Mr. Benton took possessi on of the firearm, an FBI analyst discovered Mr. Benton had a prior domestic vi olence conviction. After verifying the FBI agent’s determination, Special Agent Tim Holla nd, an agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, called Mr. Benton and “advised him, hey, because of your domestic violence conviction in New Mexi co, you can’t have this firearm.” ROA, Vol. 3 at 53. Agent Holland also “advised [Mr. Bent on] . . . he could return [the firearm] where he bought it or to any other licen sed dealer and get his money back.” Id. Mr. Benton responded, stating, “he could possess the firearm and that he wasn’t prohibited.” Id. ; see also id. at 72 (Agent Holland’s testimo ny that Mr. Benton “just flatout said he could have the gun”). Agent Holland then obta ined a warrant to seize the gun, which he executed in June of 2018. Mr. Benton does not dispute on app eal that, at the time he possessed the firearm, he knew he had been convicted of a misdem eanor crime of domestic violence. Nor does he dispute that he knowin gly possessed the firearm. See Oral Arg. at 12:24–43 (asked whether Mr. Benton challenged his knowledge that he possessed the firearm or his knowledge that he possessed the status desc ribed in § 922(g), hi s counsel responded4 “no”). Mr. Benton does assert he was una ware his domestic violence conviction made it illegal for him to possess a firearm. He claims he is innocent because of this lack of knowledge.
B. Procedural History New Mexico Misdemeanor Dome stic Violence Conviction In April 2007, Mr. Benton was charged with one count of “Battery Against a Household Member,” under New Mexico Statute § 30-3-15, for “committ[ing] domestic abuse” against his wife. Supp. ROA at 12–13, Ex. 4. He pl eaded guilty in June 2007. Federal Proceedings In December 2018, a grand jury issued an indictment chargin g Mr. Benton with one count of possession of a firearm by a p erson convicted of a misdemeanor crime of domestic violence, in violation of 18 U.S.C. § 922(g)(9), the penalty for which is found in 18 U.S.C. § 924(a)(2). In M arch 2019, Mr. Benton pleaded guilty to the indictment without a plea agreement. At the time Mr. Benton plead ed guilty, the law of this circuit applied the mens rea requirement of knowledge only to th e defendant’s possession of a firearm. See, e.g. , United States v. Games-Perez , 667 F.3d 1136, 1140 (10th Ci r. 2012) (“Our circuit has expressly held that the only knowledge requi red for a § 922(g) conviction is knowledge that the instrument possessed is a firearm.” (internal quota tion marks omitted)). Prior to Mr. Benton’s sentencing, the Supreme Court decided Rehaif , in which it held that “in a prosecution under 18 U.S.C. § 922(g) and § 924(a)(2), the G overnment must prove both that the defendant knew he possessed a firearm and that he knew he belo nged to the5 relevant category of persons barred from possessing a firear m.” 139 S. Ct. at 2200. Mr. Benton filed a motion to withdraw his guilty plea in light of Rehaif , which the district court granted. The grand jury then issu ed a two-count supersedin g indictment, followed by a second superseding indictment. As releva nt here, the indictment again charged Mr. Benton with possession of a firearm by a person convicted of a misdemeanor crime of domestic violence, under 18 U. S.C. §§ 922(g)(9) and 924(a)(2). 2 The case proceeded toward trial. The government moved in limine to prohi bit Mr. Benton from arguing to the jury that he did not know his mi sdemeanor domestic violence conviction made it unlawful for him to possess the firearm. Mr. Benton object ed, arguing that gran ting the government’s motion “would deprive him of the essence of the defense which Rehaif states it provides.” ROA, Vol. 1 at 135. The district court granted th e government’s motion, reasoning “ Rehaif requires that the defendant ha ve knowledge of his status. Rehaif does not hold that the [g]overnment must further prove, based on the defendant’s status, that the defendant knew he was prohib ited from possessing a firearm.” Id. at 136. The district court “ma[de] clear that in granting the [g ]overnment’s Motion, [Mr. Benton] [wa]s not prohibited from arguing that he did not have knowledge of his status”—that is, he was not prohibited from arguing to the jury that he did not kno w he was a domestic violence

2 The second count of the second supers eding indictment was for making a false statement during the purchase of a firearm, in violation of 18 U.S.C. § 922(a)(6). Mr. Benton was acquitted on this count, and it is not at issue in this appeal.6 misdemeanant. Id. at 136–37. Mr. Benton was solely “prohibited from arguing he did not know that his status made it unlaw ful for him to possess a firearm.” Id. at 137. Mr. Benton thereafter submitted proposed jury instructions. He requested that the district court instruct the jury that th e elements of a conviction under 18 U.S.C. § 922(g)(9) include that he “knew that his status made him a prohibited person from possessing a firearm.” ROA, Vo l. 1 at 120. He cited Rehaif as the authority for the requested instruction. Id. The district court denied Mr. Benton’s request, explaining that its “motion in limine ruling had rejected that interpretation of the recent Supreme Court case in Rehaif .” ROA, Vol. 3 at 98. The district c ourt instructed the jury that to find Mr. Benton guilty, it must find, among other th ings, that the govern ment proved beyond a reasonable doubt that “at the time [Mr. Benton ] possessed the firearm, [he] knew he had been convicted of a misdemeanor crime of dome stic violence.” ROA, Vol. 1 at 160. But the court did not instruct the jury that it must further find the government proved Mr. Benton knew he was prohibited from possessi ng a firearm as a result of his domestic violence conviction. After a two-day trial, the jury convicte d Mr. Benton. The district court entered judgment and sentenced Mr. Benton to 6 mo nths of home deten tion and 5 years of probation. Mr. Benton timely appealed.
II. DISCUSSION Mr. Benton was convicted of possessing a fi rearm after having been convicted of a misdemeanor crime of domestic violence, un der 18 U.S.C. §§ 922(g)(9) and 924(a)(2). Section 922(g) makes it unlawful for certain individuals to “possess in or affecting7 commerce, any firearm or ammunition.” The prov ision lists nine categories of individuals subject to the prohibition, the ninth of whic h is “any person . . . wh o has been convicted in any court of a misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). A separate provision, § 924(a)(2), adds that anyone who “knowingly violates” § 922(g) shall be fined or imprisoned for up to 10 years. When Mr. Benton pleaded gu ilty to violating 18 U.S.C. § 922(g)(9) in March of 2019, the Courts of Appeals had unanimou sly applied the mens rea requirement of knowledge to only one element under 18 U.S.C. § 922(g)—possession of a firearm. See,

e.g. , Games-Perez , 667 F.3d at 1140 (“[The Tenth C] ircuit has expressly held that the only knowledge required for a § 922(g) convi ction is knowledge that the instrument possessed is a firearm.” (internal quotation marks omitted)); United States v. Williams , 946 F.3d 968, 970 (7th Cir. 20 20) (observing that before Rehaif , “[t]he Courts of Appeals had unanimously concluded that 18 U.S.C. § 922(g) . . . required the government to prove a defendant knowingly possesse d a firearm or ammunition, but not that he knew he belonged to one of the prohibited classes”). The Supreme Court in Rehaif disagreed, holding that “in a prosecution under 18 U.S.C. § 922(g) and § 924(a )(2), the Government must prove both that the defendant knew he possessed a firearm and that he knew he belonged to the relevant category of pe rsons barred from posse ssing a firearm.” 139
S. Ct. at 2200. That is, Rehaif held the mens rea requirement of knowledge applies not just to the defendant’s know ledge that he possesses a fire arm, but to the defendant’s knowledge that he holds a status identified by § 922(g), as well.8 Mr. Benton and the government dispute th e scope of the Court’s holding. They agree that after Rehaif , to secure a conviction under §§ 922(g) and 924(a)(2), the government must prove the defendant knew he possessed the status relevant under § 922(g), and knew he possessed a firearm. As applied in this case, the government was required to prove Mr. Benton knew he was a domestic violence misdemeanant and that he knew he possessed a firearm. Mr. Benton c oncedes on appeal that the government has satisfied these requirements. But Mr. Benton argues Rehaif imposed an additional burden on the government—specifically, to prove Mr. Benton knew he was prohibited from possessing a firearm as a result of his status. Th e government and distri ct court disagreed, construing Rehaif as imposing no such additional requirement. 3

3 At oral argument, Mr. Benton asserted he was not necessarily arguing that Rehaif imposed, as an additional requirement or el ement of a § 922(g) conviction, that the government must prove the defendant knew his status prohibited him from possessing a firearm. See Oral Arg. at 12:22–15:29. Rather, Mr. Benton suggested that Rehaif and the Court of Appeals cases cited in his briefing “carve out . . . the potential to present a defense of plausible ignorance” based on a defendant’s lack of knowledge that his firearm possession was unlawful. Id. at 12:44–13:06. Mr. Benton did not make this argument in his briefing, instead repeatedly presenting the issue on appeal as whether Rehaif imposed an additional element. See, e.g. , Aplt. Br. at 2 (presenting the issue on appeal as whether Rehaif “mandate[s] that the government prove that a defendant know that a prior, predicate conviction prec luded him from possessing a firearm”); id. at 26–27 (arguing the district court “did not instruct the jury that an element of the crime was that [Mr. Benton] knew that his [domestic viol ence] conviction made him a prohibited person” and that the district court’s jury in struction therefore “violates or does not meet Rehaif ’s knowledge re quirement” (emphasis added)). This court will not consider arguments asse rted for the first time at oral argument. Lenox MacLaren Surgical Corp. v. Medtronic, Inc. , 762 F.3d 1114, 1122 n.7 (10th Cir. 2014). In any event, Mr. Benton’s ar gument lacks merit. As discussed infra , Mr. Benton’s reading of Rehaif and the several Court of Appeals cases he cites is mistaken. These cases do not permit a defendant to present an affirmative defense based on his ignorance of the law prohibiting him from possessing a firearm. Instead, these9 We agree with the government and the district court, a nd we reject Mr. Benton’s interpretation of Rehaif . In part B, we explain the reasons for our conclusion that Rehaif does not support Mr. Benton’s position. Because we reject Mr. Benton’s interpretation of Rehaif , we also reject, in Part C, his derivative challenges to the jury instructions and to the sufficiency of the evidence. A. Standards of Review This court “review[s] the jury instructions de novo and view[s] them in the context of the entire trial to determin e if they accurately state the governing law and provide the jury with an accurate understa nding of the relevant legal sta ndards and factual issues in the case.” United States v. Christy , 916 F.3d 814, 854 (10th Cir. 2019) (quotation marks omitted). We review a sufficien cy of the evidence claim “de novo, asking only whether taking the evidence—both dir ect and circumstantial, together with the reasonable inferences to be drawn ther efrom—in the light most favorable to the government, a reasonable jury could find the defendant guilty bey ond a reasonable doubt.” United States
v. Nance , 767 F.3d 1037, 1043 (10th Ci r. 2014) (quotation marks omitted).
B. Proper Interpretation of Rehaif We reject Mr. Benton’s pr oposed interpretation of Rehaif for several reasons. First, and most significantly, the Supr eme Court’s holding and reasoning in Rehaif is not consistent with the additional requiremen t Mr. Benton suggests, and Mr. Benton’s

cases merely instruct, consistent with our holding today, that a defendant’s lack of knowledge that he possesses th e relevant status under § 9 22(g) precludes his conviction.10 arguments to the contrary are unpersuasive. S econd, every Court of Appeals to consider the interpretation proposed by Mr. Benton ha s rejected it. Finally, the decisions relied on by Mr. Benton in support of his position are, in fact, consistent with the interpretation of Rehaif we adopt here. We elucidate each of these reasons in turn. Supreme Court’s Reason ing and Holding in Rehaif

a. Legal Background In Rehaif, the government prosecuted the defenda nt under 18 U.S.C. §§ 922(g)(5) and 924(a)(2) for possessing a fi rearm while being an alien unlawfully present in the United States. See 139 S. Ct. at 2194. The issue before the Court was “the scope of the word ‘knowingly,’” found in § 924(a)(2), and sp ecifically whether, to convict a defendant under §§ 922(g) and 924(a)(2), the government must prove not only “that the defendant knew he possessed a firearm,” but “also that he knew he had the relevant status when he possessed it.” Id. That is, the Court considered whether the government had to prove the defendant knew he was unlawfu lly present in the United St ates when he possessed the firearm. The Court answered this question in the affirmative. In reaching its holding, the Court explai ned that “[w]hether a criminal statute requires the Government to pr ove that the defendant acted knowingly is a question of congressional intent,” and here, Congress specified the scient er requirement in the statute itself. Id. at 2195. Specifically, the text of § 924(a)(2) provides: “Whoever knowingly violates subsection . . . (g) . . . of section 922 shall be fi ned as provided in this title, imprisoned not more than 10 years, or both.” 18 U.S.C. § 924(a)(2). The Court further explained:11 The term “knowingly” in § 924(a)(2) mo difies the verb “violates” and its direct object, which in this case is § 922(g). The proper interpretation of the statute thus turns on what it means for a defendant to know that he has “violate[d]” § 922(g). . . . [Section] 922(g) makes possession of a firearm or ammunition unlawful when the following elements are satisfied: (1) a status element (in this case, “being an alie n . . . illegally or unlawfully in the United States”); (2) a possession element (to “possess”); (3) a jurisdictional element (“in or affecting commerce”); and (4) a firearm element (a “firearm or ammunition”). Id. at 2195–96. The Court stated that “[a]s ‘a matter of ordinary English grammar,’ we normally read the statutory term ‘“knowingly” as applying to all the subsequently listed elements of the crime.’” Id. at 2196 (quoting Flores-Figueroa v. United States , 556 U.S. 646, 650 (2009)). Neither pa rty argued the word “knowingl y” modifies § 922(g)’s jurisdictional element, but the Court agreed with Mr. Rehaif that, “by specifying that a defendant may be convicted on ly if he ‘knowingly violates ’ § 922(g), Congress intended to require the Government to establish that the defendant knew he violated the material elements of § 922(g),” incl uding the status element. Id. In addition to the statutory text, the Co urt discussed the “basic principle that underlies the criminal law, namely, the impor tance of showing . . . ‘a vicious will.’” Id. (quoting 4 W. Blackstone, C OMMENTARIES ON THE L AWS OF E NGLAND 21 (1769)). The Court acknowledged “scienter’s importance in separating wr ongful from innocent acts,” id. , and explained that “[a]pplying the word ‘knowingly’ to the defendant’s status in § 922(g) helps advance th[is] purpose of scienter,” id. at 2197. “Withou t knowledge of [his] status,” the Court went on, “the defend ant may well lack the in tent needed to make his behavior wrongful.” Id.12 Finally, the Court explained why it reject ed each of the government’s arguments against applying a knowledge requirem ent to § 922(g)’s status element. Id. at 2197–99. Relevant here, the Court was unpersuaded by the government’s assertion that requiring the defendant to know his status as an alien “illegally or unl awfully in the United States” would contravene the “well-kn own maxim that ‘ignorance of the law’ (or a ‘mistake of law’) is no excuse.” Id. at 2198 (quoting Cheek v. United States , 498 U.S. 192, 199 (1991)). The Court explained “[t]his maxim . . . normally applies where a defendant has the requisite mental state in respect to th e elements of the crime but claims to be ‘unaware of the existence of a st atute proscribing his conduct.’” Id. (quoting 1 W. LaFave & A. Scott, S UBSTANTIVE C RIMINAL L AW § 5.1(a), p. 575 (1986)). Mr. Rehaif did not claim ignorance of the existence of a statute proscribing his conduct; rather, he asserted he lacked the requisite knowledge of his status of being unlawfully in the United States, a material element of § 922(g)(5). Under thes e circumstances, the Court concluded the ignorance-of-the-law maxim did not apply. See id. Ultimately, the Court in Rehaif held that “in a prosecution under 18 U.S.C. § 922(g) and § 924(a)(2), the Go vernment must prove both that the defendant knew he possessed a firearm and that he knew he belo nged to the relevant category of persons barred from possessing a firearm.” Id. at 2200. The Court accordingly reversed the judgment of the Court of Appeals, which had affirmed jury in structions omitting the knowledge-of-status requirement. Id. at 2195, 2200.13 b. Application Mr. Benton’s proposed interpretation of Rehaif is not supported by the decision’s holding. Insofar as Mr. Benton argues for an extension of Rehaif , his position is foreclosed by the Court’s reasoning. Nowhere in Rehaif does the Court hold that in a prosecution under 18 U.S.C. §§ 922(g) and 924(a)(2), the government must prove the defendant knew his status prohibited him from possessing a firearm. Rathe r, the Court held the scienter requirement found in § 924(a)(2) “require[s ] the Government to establish that the defend ant knew he violated the material elements of § 922(g).” Rehaif , 139 S. Ct. at 2196 (emphasis added). Those material elements are (1) possession of a firearm (or ammunition) and (2) “a status element.” Id. at 2195–96. In Rehaif , the “status element” was “b eing an alien . . . illegally or unlawfully in the United St ates,” as found in § 922(g)(5). Id. In Mr. Benton’s case, the status element is a “person . . . who has be en convicted in any court of a misdemeanor crime of domestic violence. ” 18 U.S.C. § 922(g)(9). Mr. Benton does not dispute on appeal that the government proved his knowledge of both material elements. See Oral Arg. at 12:24–43 (confirmation from Mr. Benton ’s counsel that Mr. Benton does not challenge his knowledge of his firearm posse ssion or his knowledge of his status as a person convicted of a misdemeanor crime of domestic violence). 4

4 We note that one question Rehaif left open was “what precisely the Government must prove to establish a de fendant’s knowledge of [his] status in respect to [the] § 922(g) provisions not at issue” in Rehaif , such as § 922(g)(9). 139 S. Ct. at 2200. Because Mr. Benton concedes his knowledge of his status under § 922(g)(9), we do not address that open question in this appeal.14 Mr. Benton’s contrary interpretation of Rehaif is unworkable. For one thing, it would improperly elevate the mens rea re quired for conviction under §§ 922(g) and 924(a)(2) from knowledge to w illfulness. As the Supreme Cour t has explained, “the term ‘knowingly’ merely requires proof of know ledge of the facts that constitute the offense[,]” rather than “knowledge of the law.” Bryan v. United States , 524 U.S. 192, 193 (1998). The term “willfu lly,” in contrast, requires proof the defendant “acted with knowledge that his conduct was unlawful.” Id. The mental state sufficient for commission of a federal criminal offense is a question of congressional intent, and here, as the Rehaif Court noted, Congress explicitly prescribed the requisite mental state—knowledge. See 139 S. Ct

. at 2195–96; see also 18 U.S.C. § 924(a)(2). Accordi ngly, construing the statute in the manner Mr. Benton requests would contra vene congressional intent by requiring a willful mens rea where Congress specified only a knowing mens rea is sufficient. Mr. Benton also contends that because he did not know he was prohibited from possessing a firearm, he “had an ‘innocent state of mind,’ . . . lacked the ‘culpable mental state,’ [and] did not have the ‘vicious will’ Rehaif requires be proven to be convicted under Section 922(g).” Aplt. Br. at 19 (quoting Rehaif , 139 S. Ct. at 2196). But the Rehaif Court did not hold the government must show the defendant kn ew his conduct was prohibited in order to “show[] . . . ‘a vicious will,’” in the Blackstonian sense of the term. 139 S. Ct. at 2196 (quo ting 4 W. Blackstone, supra ). Rather, the defendant’s “knowledge of [his] status ” is what helps ensure, in the contex t of a prosecution under §§ 922(g) and 924(a)(2), that the defendant has the “intent needed to make his behavior wrongful.” Id. at 2197 (emphasis added).15 Finally, Mr. Benton asserts, “ Rehaif recognizes that, under the facts of this case, the maxim, ‘ignorance of the law is no excuse ,’ may or should not apply.” Aplt. Br. at 24. Mr. Benton misapprehends the Rehaif decision. The Court di d not hold that in prosecutions under §§ 922(g) a nd 924(a)(2), the ignorance-o f-the-law maxim should be disregarded. Rather, the Court explained th at its holding—that is, application of the knowledge requirement of § 924(a)(2) to the defendant’s status under § 922(g)—does not run counter to the maxim. The interpretati on urged by Mr. Benton, however, would. The maxim “normally applies where a defendant has the requisite mental state in respect to the elements of the crime but claims to be ‘unaware of the existence of a statute proscribing his conduct.’” Rehaif , 139 S. Ct. at 2198 (quoting 1 W. LaFave & A. Scott, p. 575). Here, Mr. Benton does not dispute he ha d the requisite mental state in respect to the elements of the crime—that is, he doe s not dispute that he knowingly possessed a firearm and that he knew at the time of his possession he was a person convicted of a misdemeanor crime of domestic violence. He merely claims he did not know his conduct was prohibited by law. Mr. Benton’s position therefore flies in the face of the maxim because he claims his ignoranc e of the law is a defense to prosecution under §§ 922(g) and 924(a)(2). But, contrary to M r. Benton’s assertion, nothing in Rehaifaltered the longstanding principle that ignora nce of the law is no defense. In sum, the Rehaif decision supports the interp retation of §§ 922(g)(9) and 924(a)(2) urged by the government and accepted by the district court, and does not permit Mr. Benton’s contrary interpretation.16 Decisions of Our Sibling Circuit s Addressing th e Issue Presented Although we reach our conclusion independ ently, we find support for our position in other jurisdictions. Indeed , every other Court of App eals to have considered the question has rejected th e interpretation of Rehaif Mr. Benton advances here. The Sixth Circuit was the first to address this issue. In United States v. Bowens , 938 F.3d 790, 792 (6th Cir. 2019), the defendants were convicted under 18 U.S.C. § 922(g)(3), which has as its st atus element that the defenda nt is an unlawful user of a controlled substance. The defendants challe nged their convictions on multiple grounds, including that “ Rehaif requires . . . that the Government prove each defen dant ‘knew he was prohibited from possessi on [of a firearm] because he wa s an unlawful user of a controlled substance.’” Id. at 797 (alteration in original). The Sixth Circuit st ated that the “defendants’ reading of Rehaif goes too far because it runs h eadlong into the venerable maxim that ignorance of the law is no excuse.” Id. Further, the “[d]efendants’ interpretation does not follow from the text of Rehaif .” Id. The Sixth Circuit thus held that after Rehaif , as applied to a prosecution und er § 922(g)(3), “the Government arguably must prove that d efendants knew they were unlawful users of a controlled substance, but not, as defendants appear to argue, that they knew unlawful users of controlled substances were prohibited from possessing firearms under federal law.” Id. Applying this reasoning to § 9 22(g)(9), the government mustprove the defendant knew he was a domestic violence misdemeanant, but not that he knew domestic violence misdemeanants are prohibited from po ssessing firearms under federal law.17 The Seventh Circuit was the next circ uit to consider this issue, in United States v. Maez , 960 F.3d 949 (7th Cir. 2020), and it re asoned and concluded similarly. Like Mr. Benton, the defendants in Maez argued that § 922(g), as interpreted in Rehaif , requires the government to prove the defendan ts “kn[e]w that it was a crime to possess a firearm as a result of their prohibited status.” Id. at 954. The Seventh Circuit rejected this interpretation, reasoning that Rehaif could not be read as imposing what amounted to a willfulness requirement because: (1) the Supr eme Court would not have adopted such a significant requirement “without saying so with unmistakable clarity”; (2) “the logic of the Court’s opinion supports only the narro wer requirement of knowledge of status,” given its “textual analysis centered on Congress’s use of the word ‘knowingly’ in § 924(a)(2)”; (3) the opinion’s discussion of the ignorance-of-the-law maxim “makes doubly clear that § 922(g) requires know ledge only of status, not knowledge of the § 922(g) prohibition itsel f”; and (4) the dissenting Justices in Rehaif read the majority’s opinion as adopting the narrowe r requirement, and the majority opinion did not object to this description of its holding. Id. at 954–55 & n.3. Next, in United States v. Singh , the Ninth Circuit rejected an analogous interpretation advanced by the defendant, explaining: The Court did not hold that the Govern ment must also prove the defendant knew his or her status prohibited fire arm ownership or possession. Such an interpretation goes against the plai n language of the statute and the Supreme Court’s textual analysis of ‘knowingly’ in § 924(a)(2). Instead, [the defendant’s] interpretation woul d improperly raise the scienter requirement of § 924(a)(2) from “knowingly” to “willfully.”18 979 F.3d 697, 727 (9th Cir. 2020). The court a ccordingly held that “[b]ased on the plain language of § 924(a )(2) and the Supreme Court’s decision in Rehaif , the Government must prove only that [the defendant] knew, at the time he possessed the firearm, that he belonged to one of the pr ohibited status groups en umerated in § 922(g).” Id. at 727–28. Penultimately, in United States v. Johnson , the defendant challenged his conviction under § 922(g)(9), arguing that “he did not ‘k now he was prohibited from federal possession of a firearm.’” 981 F.3d 1171, 1189 (11th Cir. 20 20). The Eleventh Circuit rejected this argument as irrelevant, explaining that “under Rehaif’s knowledgeof-status requirement, that a defendant does no t recognize that he personally is prohibited from possessing a firearm under federal law is no defense if he knows he has a particular status and that status happens to be one prohibited by § 922(g) from possessing a firearm.” Id. (citing Maez , 960 F.3d at 954–55). Most recently, the Eighth Circuit addressed the proper interpretation of Rehaif in United States v. Robinson , 982 F.3d 1181 (8th Cir. 2020). There, the defendant does not appear to have argued explic itly on appeal that his lack of knowledge that he was prohibited from possessing a fire arm should have precluded hi s conviction. Nevertheless, in affirming Mr. Robinson’s conviction, the Eighth Circuit noted th at he had “claimed ignorance of applicable law” be fore the district court, “repeatedly explain[ing] that he thought he was allowed to possess a firearm.” Id. at 1187. The Eighth Circuit rejected this argument; citing Maez and Singh , the court stated that “ Rehaifdid not alter the ‘wellknown maxim that “ignorance of the law” . . . is no excuse.’” Id. (quoting Rehaif , 13919 S. Ct. at 2198). The Eighth Circuit’s interpretation of Rehaif is therefore in accord with that of the Sixth, Seventh, Ninth, and Eleventh Circuits. The unanimity of our sibling circuits on this issue supports our own conclusion here, and Mr. Benton proffers no compelling ba sis for this court to depart from their reasoning and conclusions. See Exby-Stolley v. Bd. of Cnty. Comm’rs , 979 F.3d 784, 810 (10th Cir. 2020) (en banc) (“[W]e are reluctant to effectively create a circuit split . . . , especially where so many circuits wo uld be lined up against us.”); see also United States v. Thomas , 939 F.3d 1121, 1131 (10t h Cir. 2019) ( “[T]he great er the number of circuits that are aligned together, the more an appr opriate judicial mode sty should make us reluctant to reject that uniform judgment.”). Other Cases Cited by Mr. Benton Mr. Benton points to one recent decision fro m this circuit and four decisions of other circuits that he contends supp ort his proposed interpretation of Rehaif . But he misconstrues each of these cases.
In United States v. Trujillo , 960 F.3d 1196 (10th Cir. 2020), this court considered an appeal from a defendant’s conviction unde r § 922(g)(1) for being a felon in possession of a firearm. Id. at 1200. After Mr. Trujillo pleaded guilty, the Supreme Court decided Rehaif , and Mr. Trujillo argued on appeal th at his plea was constitutionally invalid because the district court had not inform ed him of the knowle dge-of-status element announced in Rehaif

. Id. at 1201. We agreed w ith Mr. Trujillo that the district court’s failure to inform him of this elemen t constituted an error that was plain. Id. But we held it20 did not mandate reversal of Mr. Trujillo’s conviction becaus e there was “an abundance of evidence that tends to show [Mr. Tru jillo] knew of his relevant status.” Id. at 1207. Mr. Trujillo did not advanc e the interpretation of Rehaif that Mr. Benton offers here. Nonetheless, Mr. Benton claims dicta in Trujillo supports his argument. According to Mr. Benton, where “the evidence of a defe ndant’s knowledge of his . . . status is weak,” Trujillo , 960 F.3d at 1207, Trujillo indicates “a defendant might ‘credibly allege,’ and should be allowed to prove to the jury[,] that he di d not know his status prohibited him from possessing a gun.” Aplt. Br. at 15 n.8 (quoting Trujillo , 960 F.3d at 1207). But, contrary to Mr. Benton’s assertion, no language in Trujillo suggests a defendant should be “allowed to prove to the jury that he did not know his status prohibited him from possessing a gun .” Id. (emphasis added). Trujillo instead held simply that, post- Rehaif , lack of knowledge of one’s status under § 922(g) negates an element of the offense. Indeed, consistent with our holding today, in Trujillo we characterized Rehaif ’s holding as follows: “ Rehaif changed the established law such that, now, to secure a conviction under 18 U.S.C § 922(g)(1), the Government mu st also prove that the defendant knew ‘he had the relevant status ’ as a felon when he possessed the firearm.” Id. at 1201 (emphasis added) (quoting Rehaif , 139 S. Ct. at 2194). We did not suggest Rehaif also requires the government to prove the defendant knew his status under § 922(g) made it illegal for him to possess a firearm. 5

5 Our decision today is also in accord with dicta from two other recent decisions from this court construing Rehaif

. See United States v. Tignor , 981 F.3d 826 (10th Cir. 2020); United States v. Sanchez , 983 F.3d 1151 (10th Cir. 2020). Like Trujillo , neither decision directly confronts the interpretation of Rehaif Mr. Benton advances here. Yet,21 Mr. Benton similarly misinterprets the four decisions he cites from other Courts of Appeals. See Aplt. Br. at 15–18 (citing and discussing United States v. Davies , 942 F.3d 871 (8th Cir. 2019); United States v. Williams , 946 F.3d 968 (7th Cir. 2020); United States v. Jawher , 950 F.3d 576 (8th Cir. 2020); and United States v. Balde , 943 F.3d 73 (2d Cir. 2019)). He asserts: Rehaif and these Circuit Court cases conc lude that if a defendant has a reasonable, a “plausible,” belief that his status, condition or past does not prohibit him from having a gun, then he may lack the knowledge or the scienter necessary to be found guilty under 18 U.S.C. § 922(g). These cases insist that if a defendant does not ha ve the requisite knowledge or belief that his status renders him legally pr ohibited from possessing a gun, then he cannot be found guilty. Aplt. Br. at 18. Mr. Benton merges the two distinct concep ts of (1) the defendant’s knowledge of his status under § 922(g) with (2) the defe ndant’s knowledge that his status made it illegal for him to possess a firearm. This co nflation, however, finds no support in the cases themselves. Rather, each of the f our circuits held that, in light of Rehaif , the government must prove the defend ant had knowledge of his status under § 922(g); none

each interprets Rehaif as applying § 924(a)(2)’s scienter requirement to § 922(g)’s status element, and neither holds or even hints that the government must also prove the defendant knew he was proh ibited from possessing a firearm as a result of his status. See Tignor , 981 F.3d at 827 (stating that “[g]iven the holding in Rehaif , the government needed to prove that Mr. Tignor had known that his prior conviction was punishable by more than a year in prison,” in order to secure a convictio n under 18 U.S.C. § 922(g)(1)); Sanchez , 983 F.3d at 1164, 1165 (noting that “[p ]rior to pleading guilty, Mr. Sanchez was not informed that an element of being a fel on in possession is a defendant’s knowledge of his felon status at the time of his firearm po ssession,” but holding that his challenge to his guilty plea failed on the third pr ong of plain-error review because “[t]he record [wa]s replete with evidence th at Mr. Sanchez knew he was a felon at the time of the incident”).22 held that the defendant must also know his status prohibited him from possessing a firearm. See Davies , 942 F.3d at 874 (stating that “[u]nder Rehaif , [Mr. Davies] needed to know only that he had been convicted of a crim e punishable by imprisonment for a term exceeding one year at the time he possessed the firearms”—the prohibited status found in § 922(g)(1)—and vacating his conviction in pa rt because “there is no evidence that [Mr. Davies] knew when he possessed the firearms . . . that he had been convicted” of such crimes (emphasis added)); Jawher , 950 F.3d at 580 (vacating Mr. Jawher’s conviction because he had reas onable grounds on which to cont est his knowledge that he was unlawfully in the United States—the pr ohibited status found in § 922(g)(5)(A)— including the fact that he had been in the United States for over a decade, had entered legally, had a work permit, and had been ma rried for many years to a U.S. citizen); Balde , 943 F.3d at 97–98 & n.7 (vacating Mr. Balde’s conviction under § 922(g)(5)(A) in part because the government had no “direc t proof that [Mr.] Balde knew that he was illegally present” in the United States, and Mr. Balde had presented evidence suggesting otherwise); Williams , 946 F.3d at 973–74 (affirming Mr. Williams’s conviction because he could not plausibl y dispute his knowledge of his re levant status under § 922(g)(1)— i.e., that he had “been convicted of a cr ime punishable by a term of imprisonment exceeding one year”—where he ha d served twelve years in pr ison for first-degree murder prior to possessing the firearm). Thus, each decision Mr. Benton cites is cons istent with our hold ing today and with the other Court of Appeals decisions discusse d in this opinion. And none supports his position in this appeal.23 * * * We reject Mr. Benton’s pr oposed interpretation of Rehaif and join our sibling circuits in holding that, in a prosecution u nder 18 U.S.C. §§ 922(g) and 924(a)(2), the government need not prove that a defend ant knew he was proh ibited from possessing a firearm as a result of his status under § 922( g). Rather, § 924(a)(2)’s scienter requirement extends only to the defendant ’s knowledge that he (1) possessed a firearm (or ammunition) and (2) had the relevant status under § 922(g) at the time of his possession. Here, Mr. Benton concedes his knowledge of both. C. Jury Instructions and Suffi ciency of the Evidence Mr. Benton’s jury-instructions and suffi ciency-of-the-evidence arguments depend for their success upon this court’s a cceptance of his interpretation of Rehaif . Specifically, Mr. Benton argues that the district court e rred in instructing th e jury because its instructions “eliminate[d] the Rehaif element that a [defendant] know, that he understand that his status prevents him from possessing a firearm.” Aplt. Br. at 28. Similarly, he argues the government failed to present su fficient evidence that he knew he was prohibited from possessing a firearm. Because we reject Mr. Benton’s interpretation of Rehaif as imposing this additional element, we likewise reject these derivative challenges. 6

6 In the argument section of his opening brief, Mr. Benton also asserts that the district court’s in limine ruling contravened Rehaif , constituting “an error of law that itself requires reversal of [his] conviction.” Aplt. Br. at 19. We need not separately analyze this argument, however, for like Mr. Be nton’s challenges to th e jury instructions and sufficiency of the evidence, it is entirely predicated on accepting his interpretation of Rehaif

. See id. at 28 (arguing the district court’s “in limine order[] served to eliminate the24 III. CONCLUSION We AFFIRM Mr. Benton’s conviction.

Rehaif element that a person know . . . that his status prevents him from possessing a firearm”). Because we reject Mr. Benton’s Rehaif interpretation, his in limine argument fails, as well.