No. 25-742

Zhuo H. Zhong v. United States

Lower Court: Armed Forces
Docketed: 2025-12-22
Status: Pending
Type: Paid
Response RequestedResponse Waived
Tags: courts-martial firearms-prohibition military-justice post-trial-process second-amendment statutory-authority
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2026-02-20
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Armed Forces has statutory authority to hold that a conviction is factually insufficient under 10 U.S.C. § 867(c)(1)(C)

Question Presented (OCR Extract)

is : Whether the United States Court of Appeals for the Armed Forces has statutory authority to hold that a conviction is factually insufficient under 10 U.S.C. § 867(c)(1)(C). 2. In courts -martial, the entry of j udgment (E OJ) under 10 U.S.C. § 860c is the final judgment, marking the beginning of the post -trial process. In the Air Force, a First Indorsement memorandum summarize s criminal indexing requirements. It reflects a legal determination about whether 18 U.S.C. § 922 applies to the convicted servicemember and effectuates a restriction of their Second Amendment rights. Despite statutory authority under Article 66(d)(2), UCMJ, 10 U.S.C. § 866(d)(2), to correct post -judgment processing errors , the C AAF decided that military courts cannot correct indicated firearms prohibitions. The second question presented is: Whether military courts of criminal appeals have authority under 10 U.S.C. §§ 860c and 866(d)(2) to correct an unconstitutional firearms ban annotated after entry of judgment.

Docket Entries

2026-01-26
Response Requested. (Due February 25, 2026)
2026-01-14
DISTRIBUTED for Conference of 2/20/2026.
2026-01-12
Waiver of right of respondent United States to respond filed.
2025-12-19
Petition for a writ of certiorari filed. (Response due January 21, 2026)
2025-10-15
Application (25A425) granted by The Chief Justice extending the time to file until December 22, 2025.
2025-10-08
Application (25A425) to extend the time to file a petition for a writ of certiorari from October 23, 2025 to December 22, 2025, submitted to The Chief Justice.

Attorneys

United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Zhuo Zhong
Frederick James JohnsonAir Force Appellate Defense Division, Petitioner
Frederick James JohnsonAir Force Appellate Defense Division, Petitioner
Frederick James JohnsonAir Force Appellate Defense Division, Petitioner