No. 25-5650

Deangelus Thomas v. United States

Lower Court: Sixth Circuit
Docketed: 2025-09-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: armed-career-criminal-act criminal-procedure harmless-error sentencing-guidelines shepard-documents sixth-amendment
Key Terms:
FifthAmendment
Latest Conference: 2025-10-17
Question Presented (from Petition)

(1) Does the ACCA occasions-different inquiry, requiring a detailed, multi-factored analysis of the facts surrounding at least three prior offenses—facts which are not intrinsic to the elements of § 922(g)(1)—render Erlinger errors structural?

(2) If harmless-error review applies to a fully preserved Erlinger error, what is the proper test when a defendant is found guilty of only the lesser offense under § 922(g)(1)?

Question Presented (AI Summary)

Does the ACCA occasions-different inquiry render Erlinger errors structural, and what is the proper harmless-error test when a defendant is found guilty of only the lesser offense under § 922(g)(1)?

Docket Entries

2025-10-20
Petition DENIED.
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-30
Waiver of right of respondent United States to respond filed.
2025-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2025)

Attorneys

Deangelus Thomas
Tyrone Jemal PaylorFederal Defender Office - Western District of Tenn, Petitioner
United States
D. John SauerSolicitor General, Respondent