Supplemental Brief — Gerald Lynn Campbell, Petitioner v. United States

NO. 25-5179

IN THE UNITED STATES SUPREME COURT

GERALD LYNN CAMPBELL,

Petitioner,

Vv.

UNITED STATES OF AMERICA,

Respondent.

ON PETITION FOR WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

SUPPLEMENT TO

PETITION FOR WRIT OF CERTIORARI

Erin P. Rust

Assistant Federal Defender

FEDERAL DEFENDER SERVICES

OF EASTERN TENNESSEE, INC.

605 Chestnut Street, Suite 1310

Chattanooga, Tennessee 37450

(423) 756-4349

Attorney for Gerald Campbell

RECEIVED

SEP 30 2025

SUPREME cobAT UX

The petitioner, through counsel, respectfully provides the following supplement to his

petition for certiorari:

Earlier today, September 26. 2025, the Court docketed as Case Number 25-5743, a petition

for writ of certiorari, filed by petitioner Rico Lorodge Brown. Mr. Brown’s case arises from the

United States Court of Appeals for the Fourth Circuit and raises the same two questions presented

as Mr. Campbell.

The Fourth Circuit’s opinion in Mr. Brown’s case is discussed in detail in Mr. Campbell’s

petition, as it is the leading case on one side of the circuit split on the second question presented

in both petitions—what is the applicable showing the government must make if harmless-error

review applies to a preserved claim of error under Erlinger v. United States, 602 U.S. 821 (June

21, 2024).

Accordingly, the Court should either grant Mr. Campbell’s petition for certiorari or hold

Mr. Campbell’s petition pending its review of Mr. Brown’s.

Respectfully submitted,

FEDERAL DEFENDER SERVICES

OF EASTERN TENNESSEE, INC.

By: /s/ Erin Rust

Erin P. Rust

Assistant Federal Community Defender

605 Chestnut Street, Suite 1310

Chattanooga, Tennessee 37450

(423) 756-4349

Counsel for Gerald Lynn Campbell