No. 19-7918

Patrick Harris v. United States

Lower Court: Sixth Circuit
Docketed: 2020-03-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3553a child-pornography criminal-sentencing district-court enhancement-factors excessive-sentence sentencing-discretion sentencing-enhancements sentencing-guidelines statutory-considerations
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Did the district court err in applying sentencing enhancements under U.S.S.G. §2G2.2(b)(2), (b)(3), (b)(4), (b)(6) and (b)(7)(D) to Mr. Harris' case?

Question Presented (from Petition)

QUESTIONS PRESENTED Mr. Patrick Harris pled guilty in this case to the offense of Possession of Child Pornography in the United States District Court for the Western District of Tennessee. At a sentencing hearing for Mr. Harris, the District Court heard testimony regarding his offensive conduct in possessing child pornography. The District Court also heard testimony regarding his prior lack of criminal conduct, the financial and personal strain that his absence would place on his family particularly in light of his gainful employment as well as about his lifelong history of good citizenship other than the instant offense. After hearing this as well as the legal arguments related to his sentencing, the District Court sentenced Mr. Harris to a term of Eighty months. Mr. Harris deems this to be an excessive sentence in light of the evidence presented at sentencing and he deems it to have been improperly calculated based on the United States Sentencing Guidelines in light of all the commentary contained in the Sentencing Commission’s comments related to his conduct. I. DID THE DISTRICT COURT ERR WHEN IT FOUND ENHANCEMENT FACTORS LISTED IN U:S.S.G. §2G2.2(b)(2), (b)(3), (b)(4), (b)(6) AND (b)(7)(D) APPROPRIATE IN MR. HARRIS’ CASE? Il. DID THE DISTRICT COURT ERRED BY SENTENCING MR. HARRIS EXCESSIVELY IN LIGHT OF THE STATUTORY CONSIDERATIONS IN 18 U.S.C. §3553(a)? 1

Docket Entries

2020-04-20
Petition DENIED.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-03-18
Waiver of right of respondent United States of America to respond filed.
2020-01-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2020)

Attorneys

Patrick Harris
Manuel Benjamin RussManuel B. Russ, PLLC, Petitioner
Manuel Benjamin RussManuel B. Russ, PLLC, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent