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Firearms during violent crimes

Patrick Wayne McHenry v. United States

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Patrick McHenry asks the Supreme Court to review his gun conviction, arguing that the Tenth Circuit relied on a theory the government did not present to the jury and treated his girlfriend’s flight with the shotgun as part of the robbery.
What's at stake
McHenry's challenge remains pending: the Court has neither agreed to review his conviction nor ruled on his arguments.

Summary: written with AI from the case record.

What it's about

The petition was distributed for a conference; that is not a grant of review.

McHenry's petition says he told his girlfriend to drive away with a shotgun in the car and challenges treating her flight as part of the robbery.

The petition asks how federal gun law § 924(c)'s word “during” applies when someone carries a firearm only after a violent crime's acts are complete.

Question presented

1. Whether the decision below should be summarily reversed for affirming a conviction on a theory that “the Government[] fail[ed] to argue,” App. 23a, and the court never submitted to the jury. 2. Whether a defendant violates § 924(c) by carrying a firearm “during” a crime of violence if he does not carry the firearm while committing the offense’s conduct elements—only after the elements are complete.

What happens next

The petition was distributed for a conference scheduled for Sept. 28, 2026; that is not a grant of review or a promised decision date. The Court's next question is whether to hear the case.

Documents

2

Docket activity

6
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Jul 31, 2026 · Court records

Show 1 more
  • Court Order added: Lower Court Orders/Opinions

    May 26, 2026 · Court records

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis