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25-4065·CRIMINAL

United States v. Markel Smith

Status
  1. Scheduled
  2. Argued (current)
  3. Opinion Issued
Question Presented

Whether 18 U.S.C. § 922(o) is constitutional and whether USSG § 2K2.1(b)(4)(B)(i) applies when one of three serial numbers on firearm remains legible.

Argument Date
March 20, 2026
Argument Time
8:30 a.m.
Panel
IV
Courtroom
Gold Courtroom (Room 348)
Lower Court Judge
Payne

Panel

Judge Gregory
Judge Agee
Judge Benjamin

Citation

CaseUnited States v. Markel Smith, No. 25-4065 (4th Cir. argued Mar. 20, 2026)
PanelGregory, Agee & Benjamin, JJ.

Arguing Counsel

Panel That Day

3 of 4 cases argued March 20, 2026 before this panel have been decided.

Authorship Outlook

With the 3 decided siblings already credited to Judge Agee and Judge Gregory, the remaining opinion is most likely Judge Benjamin's — they wrote at least one opinion in 33 of their 53 prior multi-case days.

3 of the 4 opinions from this panel have been decided. Decided opinions have been authored by Judge Agee and Judge Gregory.

This is a statistical guess based on prior sittings in this dataset, not a prediction of the ruling.

Predicted Opinion Release

Likely between November 6, 2026 and October 11, 2027, with January 6, 2027 the most likely date.

Argued 222 days ago. About 82% of comparable cases would have an opinion by now — this one is trending late.

■ ■ ■Calibrated from a deep history (438 prior subject cases + 4 prior panel cases)

80% predictive interval from a log-logistic accelerated-failure-time model fit on 2,134 prior decided cases plus 111 currently-pending cases as right-censored evidence. Updates as days pass with no opinion. How this is calculated →

Oral Argument Audio