United States v. Hembree
Cert Denied — Oct 5, 2026No. 25-1219
The federal government asked the Court to reinstate a felon-in-possession conviction a lower court threw out
What happened
Charles Hembree's only prior felony was a 2018 Mississippi conviction for simple possession of methamphetamine. On January 27, 2026, the Fifth Circuit held the federal felon gun ban (18 U.S.C. § 922(g)(1)) unconstitutional as applied to him and reversed his conviction. The Solicitor General asked the Court to take the case, pointing to the split among circuits over nonviolent felons. Denied October 5, 2026.
What it means going forward
Like Bivens, an inverted case: the denial leaves the ruling for the defendant in place. The circuits remain divided on whether people with nonviolent felonies can be permanently disarmed — and the Third Circuit added two new rulings on October 13 (see Beyond the Court).
Key dates
- Oct 5, 2026 Cert denied — Fifth Circuit ruling left intact
- Jul 15, 2026 Distributed for September 28 conference
- Apr 24, 2026 Petition filed by the Solicitor General
- Jan 27, 2026 5th Circuit reversed Hembree's conviction