No. 24-7503

Bradley J. Harris v. United States

Lower Court: Fifth Circuit
Docketed: 2025-06-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-circuit amendment-821 judicial-discretion procedural-error sentence-reduction sentencing-guidelines
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the Fifth Circuit erred in affirming the district court's denial of a sentence reduction under Amendment 821 despite procedural errors and alleged judicial discretion violations

Question Presented (OCR Extract)

No question identified. : QUESTSON(S) PRESENTED 1) Whether the Fifth Circuit erred in affirming the district court's denial of a sentence reduction under Amendment 821 despite procedural errors, including the use of an erroneous probation worksheet contain ing factually incorrect information, as well as the district court willfully ignoring the Petitioner's initial motion filed on February 7, 2024. 2) Whether the district court's blanket exclusion of offenders with specific enhancments contradicts the discretion provided to the Court for sentence reductions under 18 U.S.C. 3582(c)(2) contradicting established precedent from Dillon v. United States and United States v. Torres-Aquino . 3) Whether the district court erred by denying Petitioner's motion for sentence reductions without considering the factors set forth in 18 U.S.C. 3553(a), despite the clear mandate of Dillon v. United States and United States v. Bravo, requiring court to weigh applic able policy statements and exercise discretion. 4) Whether the Government's own Motion for Downward Departure Pursuant to USSG 5K1.1, which acknowledged specific offense; levels of 33, 34, and 35 as well as guideline ranges for the Petitioner, and as referenced the Rule 11(c)(1)(C) plea agreement, highlights the existence of discernible errors in the probation worksheet that the district court relied on in denying the Petitioner's motion. (i)

Docket Entries

2025-10-06
Petition DENIED.
2025-07-10
DISTRIBUTED for Conference of 9/29/2025.
2025-07-08
Waiver of United States of right to respond submitted.
2025-07-08
Waiver of right of respondent United States to respond filed.
2025-04-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2025)

Attorneys

Bradley J. Harris
Bradley J. Harris — Petitioner
Bradley J. Harris — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent