Whether Apprendi errors under the Armed Career Criminal Act should be treated as trial or sentencing errors, and whether a firearms possession statute comports with the Second Amendment

Petitioner Paul Curry, Jr. was sentenced under the Armed Career Criminal Act (ACCA) to over 21 years imprisonment, despite the fact that the indictment never charged, no jury ever found, and he never admitted that he incurred three qualifying convictions c ommitted on separate occasions. The Fifth Circuit acknowledged that the district court’s error was made plain under this Court’s decision in Erlinger v. United States , 602 U.S. 821 (2024). However, it applied the harmless error test from Neder v. United St ates, 527 U.S. 1, 25 (1999) , and affirmed. Mr. Curry presents two questions for this Court’s review. First , whether as several courts of appeal have held, all Apprendi errors including Erlinger violations should be treated as trial errors subject to the harmless error test from Neder , or, whether, as the Third Circuit has held, at least some Apprendi errors should be treated as sentencing errors and evaluated under the harmless -error test from Parker v. Dugger , 498 U.S. 308 (1991)? Second , whether 18 U.S.C. § 922(g)(1) comports with the Second Amendment?