⚖ Oral Arguments, with Context

The Fourth Circuit hears Phong Nguyen's challenge to a guilty plea that included an appeal waiver—a promise not to appeal covered issues. During the plea, the judge did not explain that a jury could decide whether his earlier offenses happened on different occasions. That distinction matters under the Armed Career Criminal Act: certain firearm offenses involving three qualifying prior convictions from different occasions carry a fifteen-year minimum. The question is whether the missing advice lets him challenge his plea despite the waiver. Harmless-error review generally asks whether a mistake affected substantial rights, usually meaning the outcome. Plain-error review adds hurdles for an objection not properly raised below: a clear error affecting substantial rights, and discretionary correction for a serious effect on the fairness or integrity of the proceedings.

US v. Phong Nguyen (No. 21-4620) — U.S. Court of Appeals for the Fourth Circuit, argued September 17, 2026.