UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______________

No. 19-2532 ______________

UNITED STATES OF AMERICA

v.

JAMES HILL, Appellant ______________

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 2-18-cr-00458-001) District Judge: Honorable Gerald A. McHugh ______________

Submitted under Third Circuit LAR 34.1(a) April 15, 2020 ______________

Before: AMBRO, JORDAN, and SHWARTZ, Circuit Judges. ______________

JUDGMENT ORDER ______________

After considering the contentions raised by appellant, to-wit, that the court erred in

entering his conviction because the indictment did not allege, the jury was not instructed,

and the evidence offered did not prove that he knew he was a felon at the time he

possessed a firearm, and as none of these objections were preserved, and even if there

were an indictment error, it is not plain error that requires disturbing the judgment

because appellant cannot demonstrate prejudice, United States v. Greer,

(2021) (concluding defendant could not demonstrate prejudice under plain-error

review because “[i]f a person is a felon, he ordinarily knows he is a felon,” particularly

where he “stipulated to the fact that he was a felon”), it is

ADJUDGED AND ORDERED that the judgment of the district court be and is

hereby affirmed.

BY THE COURT,

s/Patty Shwartz Circuit Judge

ATTEST:

s/Patricia S. Dodszuweit Clerk

Dated: July 30, 2021

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