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United States v. Hembree

Cert Denied — Oct 5, 2026

No. 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