No. 25-5333
Mark William Sain v. United States
Tags: armed-career-criminal-act fifth-amendment harmless-error plea-proceeding sentencing-enhancement sixth-amendment
Key Terms:
FifthAmendment
FifthAmendment
Latest Conference:
2025-09-29
Question Presented (from Petition)
I. When harmless-error review of Erlinger error requires consideration by appellate judges of facts neither intrinsic to nor relevant to the finding of guilt for the simple § 922(g)(1) offense, is Erlinger error structural?
II. If a preserved claim of Erlinger error is instead amenable to harmless-error review, what is the proper test and corresponding scope of review when the defendant has pleaded guilty only to the lesser offense under § 922(g)(1)?
Question Presented (AI Summary)
When harmless-error review of Erlinger error requires consideration by appellate judges of facts neither intrinsic to nor relevant to the finding of guilt for the simple § 922(g)(1) offense, is Erlinger error structural?
Docket Entries
2025-10-06
Petition DENIED.
2025-09-02
Supplemental Brief of Mark William Sain submitted.
2025-09-02
Supplemental brief of petitioner Mark William Sain filed. (Distributed)
2025-08-28
DISTRIBUTED for Conference of 9/29/2025.
2025-08-20
Waiver of United States of right to respond submitted.
2025-08-20
Waiver of right of respondent United States to respond filed.
2025-08-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2025)
2025-06-02
Application (24A1181) granted by Justice Kavanaugh extending the time to file until August 10, 2025.
2025-05-29
Application (24A1181) to extend the time to file a petition for a writ of certiorari from June 11, 2025 to August 10, 2025, submitted to Justice Kavanaugh.
Attorneys
Mark William Sain
United States
D. John Sauer — Solicitor General, Respondent