Trees, Shrubs and Conifers: Is this another Quercus phellos?, 3 by Muddy1

Muddy1 wrote:
Last week I found a little Quercus phellos hiding out under my Magnolia 'Little Gem' (the little guy in photos 4 & 5).

Today, as I was clearing an area in which to plant a Cercis canadensis, I found what sort of looks like another Q. phellos (photos 1-3). I'm not sure, though, because the leaves are darker, shinier and have a more upward growth pattern.

I put them side by side to compare and still am not sure.

What do you think?