Supreme Court of the United States · Official docket →
Samuel Storey v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 22-11841 · judgment October 8, 2025
Question presented
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?
Counsel of record
For petitioner
Katherine Howard
Office of the Federal Defender
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 26 2026Brief of respondent United States in opposition filed.
- Jul 21 2026Motion to extend the time to file a response is granted and the time is further extended to and including August 26, 2026.
- Jul 17 2026Motion to extend the time to file a response from July 27, 2026 to August 26, 2026, submitted to The Clerk.
- Jun 22 2026Motion to extend the time to file a response is granted and the time is extended to and including July 27, 2026.
- Jun 18 2026Motion to extend the time to file a response from June 25, 2026 to July 27, 2026, submitted to The Clerk.
- May 26 2026Response Requested. (Due June 25, 2026)
- May 20 2026DISTRIBUTED for Conference of 6/4/2026.
- May 12 2026Waiver of right of respondent United States to respond filed.
- Apr 02 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2026)