The Third Circuit will hold its first en banc argument of the year on Thursday.

The case is United States v. Jermel Lewis, and the issue in the case is whether it was harmless error to fail to charge in the indictment and present to the jury the facts used to increase the mandatory-minimum sentence.

In the now-vacated panel opinion, Fisher joined by Chagares held that the error was harmless; Rendell dissented.  My post on the panel opinion is here.

The argument will be held at 10 a.m. in the Maris courtroom on the 19th floor. I have not double-checked, but I assume arguing counsel remain Paul Hetznecker for the defendant and Robert Zauzmer for the government.