Supreme Court of the United States · Official docket →
James Benjamin Allen v. United States
IFP petition · United States Court of Appeals for the Fourth Circuit, No. 24-4071 · judgment May 22, 2026
Pending
Question presented
Did the United States Court of Appeals for the Fourth Circuit Err in Failing to Vacate and Remand Petitioner’s Case for Resentencing Where the District Court Denied the Parties’ Request to Submit to the Jury the Issue of Whether Petitioner was an Armed Career Offender as Now Required by this Court’s Decision in Erlinger v. United States, 602 U.S. 821 (2024)?
Counsel of record
For petitioner
Brian Michael Aus
Attorney at Law
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 13 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 12 2026Waiver of right of respondent United States to respond filed.
- Jul 31 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 3, 2026)