Supreme Court Report

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United States v. Charles Hembree

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-60436 · judgment January 27, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 15% cert probability (95% interval 7%–29%)

Before the decision, about 3.7× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below, and down for a petition under 3,000 words.

Question presented

Whether 18 U.S.C. 922(g)(1), the federal statute that prohibits the possession of a firearm by a person who has been convicted of a crime punishable by imprisonment for a term exceeding one year, violates the Second Amendment as applied to respondent. (I)

Counsel of record

For petitioner
D. John Sauer
Solicitor General

For respondent
Michael Scott
Office of the Federal Public Defender

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  2. Oct 05 2026
    Petition DENIED.
  3. Jul 15 2026
    DISTRIBUTED for Conference of 9/28/2026.
  4. Jun 29 2026
    Motion for leave to proceed in forma pauperis filed by respondent Charles Hembree.
  5. Jun 29 2026
    Brief of respondent Charles Hembree in opposition filed.
  6. Jun 15 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including July 10, 2026.
  7. Jun 12 2026
    Motion to extend the time to file a response from June 26, 2026 to July 10, 2026, submitted to The Clerk.
  8. May 08 2026
    Motion to extend the time to file a response is granted and the time is extended to and including June 26, 2026.
  9. May 06 2026
    Motion to extend the time to file a response from May 27, 2026 to June 26, 2026, submitted to The Clerk.
  10. Apr 24 2026
    Petition for a writ of certiorari filed. (Response due May 27, 2026)