Whether the Supreme Court should establish a definitive standard for harmless-error review of constitutional violations in criminal cases, particularly in light of the circuit split following Erlinger v. United States

by this case is important, nuanced, and recurring. To prepare a petition that adequately presents the issue to this Court for consideration, counsel will need additional time. In addition to preparing this petition, counsel is also responsible for meeting deadlines in numerous other cases, including United States v. King, Fourth Circuit No. 25-4147 (opening brief filed May 20, 2025); United States v. Jones, Fourth Circuit No. 25-4084 (opening brief filed June 23, 2025); United States v. Wright, Fourth Circuit No. 18-4215 (opening brief due July 11, 2025); United States v. Logan, Fourth Circuit No. 24-4421 (opening brief due July 25, 2025); United States v. McNeil, Fourth Circuit No. 25-4224 (opening brief due July 25, 2025); United States v. Valdez, Fourth Circuit No. 25-4251 (opening brief due July 30, 2025); United States v. Davis, Fourth Circuit No. 21-4562 (opening brief due August 7, 2025); and United States v. Fisher, Fourth Circuit No. 24-4527 (opening brief due August 7, 2025). For these reasons, counsel respectfully requests that an order be entered extending the time to a petition for certiorari up to and including September 26, 2025. July 3, 2025 Respectfully submitted, John G. Baker FEDERAL PUBLIC DEFENDER FOR THE WESTERN DISTRICT OF NORTH CAROLINA /s/Joshua B. Carpenter Joshua B. Carpenter Appellate Chief One Page Avenue, Suite 210 Asheville, NC 28801 (828) 232-9992 Counsel for Petitioner Exhibit 1 United States v. Brown, 136 F.4th 87 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-4253 UNITED STATES OF AMERICA, Plaintiff Appellee, Vv. RICO LORODGE BROWN, Defendant Appellant. On Remand from the Supreme Court of the United States. (S. Ct. No. 23-6433) Argued: December 10, 2024 Decided: April 29, 2025 Before NIEMEYER and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge. Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Heytens and Senior Judge Floyd joined. ARGUED: Joshua B. Carpenter, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North Carolina, for Appellant. Anthony Joseph Enright, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. ON BRIEF: John G. Baker, Federal Public Defender, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. Dena J. King, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee. NIEMEYER, Circuit Judge: In our prior decision in this case, we affirmed Rico Brown’s 15-year sentence for the illegal possession of a firearm under 18 U.S.C. § 922(g), a sentence that was enhanced under the Armed Career Criminal Act (ACCA) by reason of Brown’s three prior convictions for violent felonies “committed on occasions different from one another,” as found by the sentencing judge. United States v. Brown, 67 F Ath 200, 201 (4th Cir. 2023) (quoting 18 U.S.C. § 924(e)(1)). We rejected Brown’s contention that the “