Bradley J. Harris v. United States

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)