I. Can a court of appeals disregard the government's deliberate waiver of whether a jury trial right violation is harmless in the enhanced statutory penalty context and affirm over the government's request that the defendant be resentenced without statutory enhancement?

II. Should the Court overrule Neder v. United States, 527 U.S. 1 (1999), as inconsistent with Fifth and Sixth Amendment principles underlying this Court's precedent in Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny?

III. Does 18 U.S.C. § 922(g)(1) exceed Congress's authority under the Commerce Clause, facially and as applied to Petitioner Samuel Storey's intrastate possession?

Whether a court of appeals may disregard the government's deliberate waiver of harmless-error review in the enhanced statutory penalty context and whether 18 U.S.C. § 922(g)(1) exceeds Congress's Commerce Clause authority