No. 25-7026October Term 2025Before Arguments
Corey Duran Berry, Petitioner v. United States
from the United States Court of Appeals for the Eleventh Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Eleventh Circuit.
Question presented
Whether petitioner was entitled to a certificate of appealability in the lower courts on his second collateral attack under 28 U.S.C. 2255, when he was unable to obtain relief under controlling law due to his inability to show that it was more likely than not that he was convicted under the residual clause of 18 U.S.C. 924(c), which was invalidated in United States v. Davis, 588 U.S. 445 (2019), as opposed to Section 924(c)’s still-valid elements clause?
- Case path
United States Court of Appeals for the Eleventh Circuit / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
This case asks whether a federal prisoner should have been allowed to appeal the denial of his second Section 2255 challenge (a post-conviction challenge). The dispute centers on whether he had to show it was more likely than not that his Section 924(c) conviction rested on the residual clause struck down in United States v. Davis, not the still-valid elements clause.
Argument
The case is still at the petition stage, and no oral argument is scheduled yet. The petition argues that a certificate of appealability can issue when "reasonable jurists could debate" whether the petition should have been resolved differently.
Impact
The answer could affect federal prisoners trying to undo Section 924(c) convictions after Davis. For example, someone whose record is unclear may be blocked from even getting appellate review if circuit precedent says he cannot prove the invalid clause was the basis for his conviction.
What is the core dispute in Case 25-7026?
The petitioner says he should have received a certificate of appealability (permission to appeal) for his Section 2255 challenge. The fight is over how much he must prove about which Section 924(c) clause supported his conviction.
Who could be affected if the Court takes Case 25-7026?
Federal prisoners raising Davis-based challenges to Section 924(c) convictions could be affected. It especially matters when the record is unclear and circuit precedent blocks appellate review.
What happens next in Case 25-7026?
The justices will first decide whether to grant certiorari (hear the case) or take another scheduling step. No oral argument is scheduled, and no decision window is listed.
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 14, 2026
- Method
- Methodology