Case: United States v. Harrison

5:22-cr-00328 | U.S. District Court for the Western District of Oklahoma

Filed Date: Aug. 17, 2022

Closed Date: Feb. 3, 2023

Clearinghouse coding complete

Case Summary

This is a case about possession of a firearm by those who use substances made unlawful under the Controlled Substances Act. On August 17, 2022, the United States Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Western District of Oklahoma. The DOJ indicted defendant Jared Michael Harrison under 18 U.S.C. § 922(g)(3), 18 U.S.C. § 924(d),  and 28 U.S.C. § 2461(c). The DOJ sought the forfeiture of Harrison’s firearm, and any and all ammunition. They claimed that H…

This is a case about possession of a firearm by those who use substances made unlawful under the Controlled Substances Act. On August 17, 2022, the United States Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Western District of Oklahoma. The DOJ indicted defendant Jared Michael Harrison under 18 U.S.C. § 922(g)(3), 18 U.S.C. § 924(d),  and 28 U.S.C. § 2461(c). The DOJ sought the forfeiture of Harrison’s firearm, and any and all ammunition. They claimed that Harrison was guilty of using marijuana unlawfully and, as a result, his possession of a firearm was also unlawful. The case was assigned to Judge Patrick R Wyrick.

On October 11, the defendant moved to dismiss the indictment, on the grounds that 1) the statute, 18 U.S.C. § 922(g)(3), was unconstitutionally vague in violation of the Due Process Clause, and 2) violated the Second Amendment and unconstitutionally infringed upon his fundamental right to possess a firearm. The court resolved the case on Second Amendment grounds, refusing to reach an answer regarding the vagueness claim. The court found that stripping someone of their right to possess a firearm solely because they used marijuana was inconsistent with the nation's historical firearm regulation, and granted the defendant’s motion to dismiss on February 3, 2023.

Summary Authors

Simran Takhar (3/3/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/66787991/parties/united-states-v-harrison/


Judge(s)
Attorney for Plaintiff

Creager, Steven W (Oklahoma)

McCrary, David M (Oklahoma)

Powers, Stephanie (Oklahoma)

Attorney for Defendant

Deskin, Laura K (Oklahoma)

Hill, Justin Patrick (Oklahoma)

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Documents in the Clearinghouse

Document
1

5:22-cr-00328

Indictment

Aug. 17, 2022

Aug. 17, 2022

Complaint

5:22-cr-00328

Order

Feb. 3, 2023

Feb. 3, 2023

Order/Opinion

2023 WL 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/66787991/united-states-v-harrison/

Last updated March 10, 2024, 4:04 a.m.

ECF Number Description Date Link Date / Link
1

INDICTMENT as to Jared Michael Harrison (1) count(s) 1 and criminal forfeiture. (Attachments: # 1 Criminal Cover Sheet 1 - Jared Michael Harrison) (so) (Entered: 08/17/2022)

Aug. 17, 2022

Aug. 17, 2022

Clearinghouse
3

** SEALED DOCUMENT ** CJA 23 Financial Affidavit by Jared Michael Harrison. (rb) (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
4

ORDER APPOINTING FEDERAL PUBLIC DEFENDER J.P. Hill for Jared Michael Harrison. Signed by Magistrate Judge Amanda Maxfield Green on 9/19/2022. (rb) (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
5

MINUTE ENTRY for proceedings held before Magistrate Judge Amanda Maxfield Green:Arraignment as to Jared Michael Harrison (1) Count 1 held on 9/19/2022. Not Guilty Plea entered by Jared Michael Harrison on count 1. Detention Hearing set for 9/23/2022 11:00 AM in Courtroom 101 before Magistrate Judge Amanda Maxfield Green. Jury Trial set for 11/1/2022 09:00 AM in Courtroom 503 before Judge Patrick R Wyrick. (rb) (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
6

ORDER OF TEMPORARY DETENTION as to Jared Michael Harrison. Signed by Magistrate Judge Amanda Maxfield Green on 9/19/2022. (rb) (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
7

DPPA-ORDER as to Jared Michael Harrison. Signed by Magistrate Judge Amanda Maxfield Green on 9/19/2022. (rb) (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
8

NOTICE OF HEARING as to Jared Michael Harrison Detention Hearing set for 9/23/2022 11:00 AM in Courtroom 101 before Magistrate Judge Amanda Maxfield Green. (rb) (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
9

Arrest WARRANT Returned Executed on 09/19/2022 in case as to Jared Michael Harrison. (so) (Entered: 09/20/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER
10

ENTRY OF ATTORNEY APPEARANCE: J.P. Hill appearing for Jared Michael Harrison (Hill, J.P.) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

PACER
11

MINUTE ENTRY for proceedings held before Magistrate Judge Amanda Maxfield Green:Detention Hearing as to Jared Michael Harrison held on 9/23/2022. Defendant detained pending trial. (rb) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

PACER
12

ORDER OF DETENTION PENDING TRIAL as to Jared Michael Harrison. Signed by Magistrate Judge Amanda Maxfield Green on 9/23/2022. (rb) (Entered: 09/23/2022)

Sept. 23, 2022

Sept. 23, 2022

PACER
13

NOVEMBER CRIMINAL DOCKET: Docket Call set for 10/26/2022 01:30 PM in Courtroom 503 before Judge Patrick R Wyrick. Jury Trial set for 11/1/2022 09:00 AM in Courtroom 503 before Judge Patrick R Wyrick. (ks) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
15

JOINT DISCOVERY STATEMENT by Plaintiff United States of America (Powers, Stephanie) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
16

AMENDED NOVEMBER CRIMINAL DOCKET: Docket Call set for 10/26/2022 01:30 PM in Courtroom 503 before Judge Patrick R Wyrick. Jury Trial set for 11/1/2022 09:00 AM in Courtroom 503 before Judge Patrick R Wyrick. (ks) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
17

MOTION to Dismiss the Indictment Based on the Unconstitutionality of 18 U.S.C. 922(g)(3) by Jared Michael Harrison. (Hill, J.P.) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
18

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss the Indictment Based on the Unconstitutionality of 18 U.S.C. 922(g)(3) by United States of America as to Jared Michael Harrison. (Powers, Stephanie) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
19

ORDER granting 18 the United States' Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss, as to Jared Michael Harrison (1). The United States shall file its response to Mr. Harrison's motion to dismiss on or before October 28, 2022. Signed by Judge Patrick R Wyrick on 10/17/2022. (ks) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

PACER
20

WAIVER of Speedy Trial by Jared Michael Harrison (Hill, J.P.) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
21

UNOPPOSED MOTION to Continue Jury Trial with Brief in Support by Jared Michael Harrison. (Hill, J.P.) (Entered: 10/21/2022)

Oct. 21, 2022

Oct. 21, 2022

PACER
22

ORDER granting 21 defendant's unopposed motion to continue, Striking the case from the Court's November 2022 Trial Docket; Striking the docket call set for this case on October 26, 2022; Resetting the case on the Court's December 2022 Trial Docket; and Resetting the deadline for pretrial motions and notices to November 14, 2022 (as more fully set out in order), as to Jared Michael Harrison (1). Signed by Judge Patrick R Wyrick on 10/24/2022. (ks) (Entered: 10/24/2022)

Oct. 24, 2022

Oct. 24, 2022

PACER

Set/Reset Deadlines/Hearings as to Jared Michael Harrison: Jury Trial RESET on the December 2022 trial docket (12/6/2022 09:00 AM) in Courtroom 503 before Judge Patrick R Wyrick. (ks)

Oct. 24, 2022

Oct. 24, 2022

PACER
23

MOTION for Leave to File Oversized Brief by United States of America as to Jared Michael Harrison. (Powers, Stephanie) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

PACER
24

ORDER granting 23 the United States' Motion for Leave to File Oversized Brief, as to Jared Michael Harrison (1). Signed by Judge Patrick R Wyrick on 10/31/2022. (ks) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
25

RESPONSE to Motion by United States of America as to Jared Michael Harrison re 17 MOTION to Dismiss the Indictment Based on the Unconstitutionality of 18 U.S.C. 922(g)(3) (Powers, Stephanie) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
26

MOTION for Leave to File Reply to United States' Response in Opposition to Defendant's Motion to Dismiss the Indictment as Unconstitutional (Doc. No. 25) by Jared Michael Harrison. (Hill, J.P.) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
27

ORDER granting 26 defendant's motion for leave to file a reply to United States' Response in Opposition to Defendant's Motion to Dismiss the Indictment as Unconstitutional, as to Jared Michael Harrison (1). Defendant's reply due on or before November 21, 2022. Signed by Judge Patrick R Wyrick on 10/31/2022. (ks) (Entered: 10/31/2022)

Oct. 31, 2022

Oct. 31, 2022

PACER
28

DECEMBER CRIMINAL TRIAL DOCKET: Docket Call set for 11/30/2022 01:30 PM in Courtroom 503 before Judge Patrick R Wyrick. Jury Trial set for 12/6/2022 09:00 AM in Courtroom 503 before Judge Patrick R Wyrick. (ks) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER
29

NOTICE OF HEARING ON MOTION in case as to Jared Michael Harrison re 17 Defendant's Motion to Dismiss : Motion Hearing set for 11/30/2022 01:30 PM in Courtroom 503 before Judge Patrick R Wyrick. (ks) (Entered: 11/15/2022)

Nov. 15, 2022

Nov. 15, 2022

PACER
30

ENTRY OF ATTORNEY APPEARANCE David M McCrary appearing for USA. (McCrary, David) (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

PACER
31

REPLY TO RESPONSE to Motion by Jared Michael Harrison re 17 MOTION to Dismiss the Indictment Based on the Unconstitutionality of 18 U.S.C. 922(g)(3) (Deskin, Laura) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

PACER
32

ENTRY OF ATTORNEY APPEARANCE: Laura K Deskin appearing for Jared Michael Harrison (Deskin, Laura) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

PACER
33

ENTER ORDER (Text Only) - The Docket Call scheduled for Wednesday, November 30, 2022 at 1:30 p.m. is hereby STRICKEN; a hearing on dft's motion to dismiss is currently set for November 30, 2022; trial scheduled to be determined after hearing (This is a text only docket entry; there is no document associated with this entry), as to Jared Michael Harrison. Signed by Judge Patrick R Wyrick on 11/28/2022. (ks) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER
34

MINUTE ENTRY for proceedings held before Judge Patrick R Wyrick: Motion Hearing as to Jared Michael Harrison held on 11/30/2022 re 17 Motion to Dismiss the Indictment Based on the Unconstitutionality of 18 U.S.C. 922(g)(3) filed by Jared Michael Harrison. The Court takes the matter under advisement. The Court strikes the case from the December Trial Docket. (Court Reporter Emily Cripe) (ks) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER

Terminate Deadlines and Hearings as to Jared Michael Harrison: (ks)

Nov. 30, 2022

Nov. 30, 2022

PACER
35

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings as to Jared Michael Harrison held on 11/30/2022 before Judge Patrick R. Wyrick. Court Reporter Emily Cripe, Telephone number 4056095094. Transcript of: Motion Hearing Volume: I of I Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/25/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/4/2023. (ec) (Entered: 01/04/2023)

Jan. 4, 2023

Jan. 4, 2023

PACER
36

ORDER granting 17 Defendant's Motion to Dismiss the Indictment (as more fully set out in the order), as to Jared Michael Harrison (1). Signed by Judge Patrick R Wyrick on 2/3/2023. (ks) (Entered: 02/03/2023)

Feb. 3, 2023

Feb. 3, 2023

PACER
37

NOTICE OF APPEAL by United States of America as to Jared Michael Harrison re 36 Order on Motion to Dismiss (McCrary, David) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
38

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 37 Notice of Appeal (Attachments: # 1 Attachment 1 - Preliminary Record on Appeal)(kb) (Entered: 03/03/2023)

March 3, 2023

March 3, 2023

PACER
39

Tenth Circuit USCA Case Number 23-6028 as to Jared Michael Harrison for 37 Notice of Appeal filed by United States of America. Criminal case docketed. Preliminary record filed. DATE RECEIVED: 03/03/2023. Notice of appearance, transcript order form, docketing statement, and disclosure statement due on 03/17/2023 for United States of America. Notice of appearance and appointment motion due 03/17/2023 by Jared Michael Harrison. [23-6028] (kb) (Entered: 03/06/2023)

March 3, 2023

March 3, 2023

PACER
40

ENTRY OF ATTORNEY APPEARANCE Steven W Creager appearing for USA. (Creager, Steven) (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER
41

TRANSCRIPT Order Form by United States of America re 37 Notice of Appeal that transcripts are not necessary. See order form for dates and proceedings. (Creager, Steven) (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER
42

TRANSCRIPT LETTER advising No transcript is necessary re 37 Notice of Appeal filed by United States of America. The record is ready for appeal purposes. (kb) (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER
43

ORDER of USCA as to Jared Michael Harrison re 37 Notice of Appeal. Order filed by Clerk of the Court, at the direction of the judges, the 1/18/2024 oral argument is VACATED. This appeal is abated pending the Supreme Court's issuance of a decision in US v Rahimi. Every 30 days, Appellant shall file a status report and the Appellant shall notfiy this court forthwith when the Supreme court issues its decision. Status report due 01/10/2024 by United States of America. Served on 12/11/2023. [23-6028] (kb) (Entered: 12/11/2023)

Dec. 11, 2023

Dec. 11, 2023

PACER

Case Details

State / Territory: Oklahoma

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Aug. 17, 2022

Closing Date: Feb. 3, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jared Michael Harrison, Private Entity/Person

Case Details

Special Case Type(s):

Criminal

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Source of Relief:

Litigation

Issues

General:

Forfeiture