Does the ACCA occasions-different inquiry render Erlinger errors structural, and what is the proper harmless-error test when a defendant is found guilty of only the lesser offense under § 922(g)(1)?

This case presents two important questions that impact countless defendants and have divided circuit judges. After Deangelus Thomas was found guilty at trial for two counts of being a felon in knowing possession of a firearm under 18 U.S.C. § 922(g)(1), the district court determined, by a preponderance of the evidence, that his prior offenses qualified as different occasions under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”). He received a custodial sentence of 432 months. Mr. Thomas’ advisory Guidelines range was 360 months to life. If the ACCA enhancement were not imposed, his advisory guidelines range would have been 188 to 235 months. After Erlinger v. United States, 602 U.S. 821 (2024), a Sixth Circuit panel agreed that the district court erred by making the occasions-different finding itself, but found the error was harmless by relying upon Shepard' documents presented at Mr. Thomas’ sentencing. Multiple judges in the Sixth Circuit have questioned whether applying harmless-error review to Erlinger errors passes Sixth Amendment muster. Moreover, the circuits are divided as to which proceeding the harmless error analysis should apply—change of plea, trial, or sentencing. The questions presented here are: (1) Does the ACCA occasions-different inquiry, requiring a detailed, multi-factored analysis of the facts surrounding at least three prior offenses—facts which are not intrinsic to the elements of § 922(g)(1)—render Erlinger errors structural? (2) If harmless-error review applies to a fully preserved Erlinger error, what is the proper test when a defendant is found guilty of only the lesser offense under § 922(g)(1)? ' Shepard v. United States, 544 U.S. 13 (2005) ii These are questions of exceptional importance, and this case presents an ideal opportunity for the Court to provide much-needed clarity.? 2 Similar questions are presented in Campbell v. United States, No. 25-5179, which is currently distributed for the conference of September 29, 2025. iii