2005 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

5-11-2005

USA v. Harrison

Precedential or Non-Precedential: Non-Precedential

Docket No. 02-4030

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Recommended Citation

"USA v. Harrison" (2005). 2005 Decisions. Paper 1219.

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NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT

___________

No. 02-4030

___________

UNITED STATES OF AMERICA,

v.

MICHAEL HENRY HARRISON,

a/k/a Emmanuel Henry Harrison, III

 Michael Henry Harrison,

 Appellant

___________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

(D.C. No. 01-cr-00025-1E)

District Judge: 

The Honorable Maurice B. Cohill, Jr.

___________

ARGUED September 3, 2003

DECIDED February 6, 2004

ON REMAND from the Supreme Court of the United States

January 24, 2005

BEFORE: SLOVITER, NYGAARD, and ROTH, Circuit Judges.

(Filed May 11, 2005)

___________
2

Renee Pietropaolo, Esq. (Argued)

Karen S. Gerlach, Esq.

Office of Federal Public Defender

1001 Liberty Avenue

1450 Liberty Center

Pittsburgh, PA 15222

Counsel for Appellant

Paul M. Thompson, Esq. (Argued)

Bonnie R. Schlueter, Esq.

Office of United States Attorney 

700 Grant Street , Suite 400 

Pittsburgh, PA 15219 

Counsel for Appellee

___________

OPINION OF THE COURT

___________

NYGAARD, Circuit Judge.

This matter is before us on remand by the United States Supreme Court. By opinion

filed February 6, 2004, we affirmed the District Court’s judgment of conviction and sentence.

On January 24, 2005, the Supreme Court granted the motion of Petitioner Michael Henry

Harrison for leave to proceed in forma pauperis and granted his petition for writ of certiorari.

The Court vacated the judgment of this Court and remanded for further consideration in light

of United States v. Booker, 543 U.S. ___, 125 S. Ct. 738 (2005). 

Because Harrison pleaded guilty, the sole issue he raised in his original appeal

concerns the validity of the sixty-three month sentence imposed by the District Court for

trafficking child pornography. Now, Harrison requests that we remand the matter to the
3

District Court for resentencing in light of Booker. Having determined that the sentencing

issues Harrison raises are best determined by the District Court in the first instance, we will

vacate that portion of our judgment that affirmed the judgment of sentence and remand to the

District Court for reconsideration and, if that court deems it appropriate, for resentencing in

accordance with Booker.

For the foregoing reasons, we will affirm the conviction, vacate the sentence and

remand to the District Court for resentencing.