No. 24-7290

Paul Curry, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2025-05-27
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: apprendi-error armed-career-criminal-act criminal-law harmless-error second-amendment sentencing-procedure
Latest Conference: 2025-06-26
Question Presented (from Petition)

First, whether as several courts of appeal have held, all Apprendi errors including Erlinger violations should be treated as trial errors subject to the harmless error test from Neder, or, whether, as the Third Circuit has held, at least some Apprendi errors should be treated as sentencing errors and evaluated under the harmless-error test from Parker v. Dugger, 498 U.S. 308 (1991)?

Second, whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment?

Question Presented (AI Summary)

Whether Apprendi errors under the Armed Career Criminal Act should be treated as trial or sentencing errors, and whether a firearms possession statute comports with the Second Amendment

Docket Entries

2025-06-30
Petition DENIED.
2025-06-11
DISTRIBUTED for Conference of 6/26/2025.
2025-06-05
Waiver of United States of right to respond submitted.
2025-06-05
Waiver of right of respondent United States to respond filed.
2025-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 26, 2025)

Attorneys

Paul Curry, Jr.
Kevin Joel Page — Petitioner
United States
D. John SauerSolicitor General, Respondent