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Jury role in gun sentences

Hameen 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
Jamaal Hameen asks the Supreme Court to review whether a jury-trial error in counting his prior crimes requires a new sentence, whether the appeals court could rely on disputed sentencing-report facts and later Florida law, and whether federal law can bar his intrastate gun possession.
What's at stake
Hameen’s challenges to his sentence and the federal firearm law applied to his possession remain unresolved while the Court considers whether to hear his petition.

Summary: written with AI from the case record.

What it's about

His petition was sent for a conference, but the Court has not agreed to hear it.

The ACCA issue turns on whether Hameen’s earlier state convictions meet the federal law’s rules for counting past convictions.

Question presented

1. In Erlinger v. United States, 602 U.S. 821 (2024), this Court held that the Fifth and Sixth Amendments require the government to prove the Armed Career Criminal Act’s (“ACCA”) complex different-occasions requirement to a jury beyond a reasonable doubt. Is Erlinger error structural? 2. The Eleventh Circuit determined Erlinger error was harmless in Petitioner Jamaal Hameen’s case by relying on contested facts from the Presentence Investigation Report (“PSR”) that were not admitted at trial and were not adopted by the district court at sentencing. Did the appellate court err by conducting harmless-error review based on these facts? 3. To determine whether a prior state conviction qualifies as an ACCA predicate, federal courts take a categorical approach and consider the elements of the state offense. When Mr. Hameen was convicted of aggravated assault, Florida appellate courts affirmed such convictions for reckless conduct. Decades after Mr. Hameen’s conviction, the Florida Supreme Court decided this offense required at least knowing conduct. Did the Eleventh Circuit err in relying on a Florida Supreme Court decision issued decades after Mr. Hameen’s state conviction to decide his aggravated assault was an ACCA predicate? 4. Does 18 U.S.C. § 922(g)(1) exceed Congress’s authority under the Commerce Clause, facially and as applied to Mr. Hameen’s intrastate firearm possession?

What happens next

The petition is listed for the Court’s Nov. 13, 2026, conference, where the justices may consider whether to hear it. The conference listing does not guarantee a decision date, and no oral argument is scheduled.

Documents

1

Docket activity

5
  • 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

    Oct 6, 2026 · Court records

More questions

3
What jury-trial question does Hameen raise in his petition?
He asks whether the jury-trial mistake about whether his prior crimes happened on separate occasions requires a new sentence without a separate showing that it changed the result.
What other ACCA questions does the petition raise?
Hameen argues the appeals court relied on disputed sentencing-report facts to call the error harmless and used a later Florida ruling to classify his old aggravated-assault conviction.
Why does Hameen challenge 18 U.S.C. § 922(g)(1)?
He argues the law exceeds Congress’s power to regulate interstate commerce, both generally and as applied to his firearm possession within one state.

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