No. 25-5333

Mark William Sain v. United States

Lower Court: Sixth Circuit
Docketed: 2025-08-12
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: armed-career-criminal-act fifth-amendment harmless-error plea-proceeding sentencing-enhancement sixth-amendment
Key Terms:
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
Jennifer Niles CoffinFederal Defender Services of E.D. Tennessee, Petitioner
United States
D. John SauerSolicitor General, Respondent