Firearms during violent crimes
Patrick Wayne McHenry v. United States
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- 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
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
Show 1 moreShow fewer
Court Order added: Lower Court Orders/Opinions
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.