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: Nov. 3, 2025

Clearinghouse coding complete

Case Summary

This case concerns the possession of a firearm by those who use substances made unlawful under the Controlled Substances Act. On May 20, 2022, an officer of the Lawton, Oklahoma police department pulled over Jared Michael Harrison for failing to stop at a red light. When Harrison rolled down his window, the officer alleged to have smelled marijuana. After another officer arrived, the two officers searched Harrison’s car in which they found a loaded revolver on the floorboard and an array of ma…

This case concerns the possession of a firearm by those who use substances made unlawful under the Controlled Substances Act.

On May 20, 2022, an officer of the Lawton, Oklahoma police department pulled over Jared Michael Harrison for failing to stop at a red light. When Harrison rolled down his window, the officer alleged to have smelled marijuana. After another officer arrived, the two officers searched Harrison’s car in which they found a loaded revolver on the floorboard and an array of marijuana and THC products. The officers arrested Harrison and he was charged at the state level with possession of marijuana, possession of paraphernalia, and failure to obey a traffic signal.

On August 17, 2022, a federal grand jury in the U.S. District Court for the Western District of Oklahoma indicted Harrison for violation of 18 U.S.C. § 922(g)(3), which makes unlawful for the knowing user of an unlawful substance to possess a firearm. The U.S. Department of Justice (DOJ) sought the forfeiture of Harrison’s firearm, and any and all ammunition, under 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c). The case was assigned to District Judge Patrick R Wyrick.

On October 11, 2022, the defendant moved to dismiss the indictment on the grounds that the statute, 18 U.S.C. § 922(g)(3), was unconstitutionally vague in violation of the Due Process Clause and violated the Second Amendment by unconstitutionally infringing upon his fundamental right to possess a firearm. Judge Wyrick issued an order on February 3, 2023, granting the motion to dismiss. 654 F.Supp.3d 1191. He resolved the case on Second Amendment grounds, declining to reach an answer regarding the vagueness claim. Specifically, Judge Wyrick invoked the U.S. Supreme Court’s Bruen decision in holding that stripping someone of their right to possess a firearm solely because they used marijuana was inconsistent with the nation's historical firearm regulation.

The DOJ appealed the dismissal to the Tenth Circuit Court of Appeals on March 3, 2022. The court scheduled oral argument in the appeal to occur on January 18, 2024. However, the court then issued an order on November 22, 2023, notifying the parties of its intent to abate the case pending the Supreme Court’s issuance of a decision in another case implicating the Second Amendment, United States v. Rahimi, unless either party could show cause why the case should continue. On December 11, 2023, the court then issued a successive order vacating the scheduled oral argument and abating the case. The Supreme Court issued its opinion in Rahimi on June 21, 2024, holding that temporarily disarming an individual found by a court to pose a credible threat to the physical safety of another is consistent with the Second Amendment.

Thereafter, the Tenth Circuit directed both parties to file supplemental briefs discussing the impact of the Rahimi decision on this case no later than July 16, 2024, with response briefs due within two weeks thereafter.

On August 26, 2025, the Tenth Circuit (Circuit Judges Veronica Sophia Rossman, Paul Joseph Kelly Jr., and Michael R. Murphy) reversed the district court order dismissing the indictment and remanded, stating that while disarming those believed to pose a risk of future danger aligns with regulatory tradition, further inquiry is needed into whether non-intoxicated marijuana users posed a risk of future danger for determining the Second Amendment question. 153 F.4th 998.

On September 23, 2025, the defendant moved to dismiss the indictment without prejudice due to the case’s age and ongoing constitutional questions surrounding § 922(g)(3) in another case United States v. Hemani. On November 3, 2025, the district court dismissed the case without prejudice, holding that Rule 48(a) does not authorize courts to change the type of relief sought by the government and finding that dismissal of the indictment without prejudice sufficiently protects the public interest.

The case is now closed.

Summary Authors

Simran Takhar (3/3/2023)

Logan Moore (11/21/2024)

Chise Mori (2/5/2026)

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)

Judge(s)

Wyrick, Patrick Robert (Oklahoma)

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)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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 654 F.Supp.3d 1191
10010966546 23-06028	Order U.S. Court of Appeals for the Tenth Circuit	Dec. 11, 2023	Dec. 11, 2023 Order/Opinion
80-1 23-06028	Ap United States of America v. Harrison U.S. Court of Appeals for the Tenth Circuit	Aug. 26, 2025	Aug. 26, 2025 Order/Opinion 153 F.4th 998
81 23-06028	Judgment U.S. Court of Appeals for the Tenth Circuit	Aug. 26, 2025	Aug. 26, 2025 Order/Opinion
54 5:22-cr-00328	Order	Nov. 3, 2025	Nov. 3, 2025 Order/Opinion

show / hide documents

Docket

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

Last updated July 8, 2026, 5:29 a.m.

ECF Number	Date	Description	Link
1	Aug. 17, 2022	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)	Clearinghouse
3	Sept. 19, 2022	SEALED DOCUMENT CJA 23 Financial Affidavit by Jared Michael Harrison. (rb) (Entered: 09/19/2022)	RECAP
4	Sept. 19, 2022	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)	RECAP
5	Sept. 19, 2022	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)	RECAP
6	Sept. 19, 2022	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)	RECAP
7	Sept. 19, 2022	DPPA-ORDER as to Jared Michael Harrison. Signed by Magistrate Judge Amanda Maxfield Green on 9/19/2022. (rb) (Entered: 09/19/2022)	RECAP
8	Sept. 19, 2022	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)	RECAP
9	Sept. 19, 2022	Arrest WARRANT Returned Executed on 09/19/2022 in case as to Jared Michael Harrison. (so) (Entered: 09/20/2022)	RECAP
10	Sept. 20, 2022	ENTRY OF ATTORNEY APPEARANCE: J.P. Hill appearing for Jared Michael Harrison (Hill, J.P.) (Entered: 09/20/2022)	RECAP
11	Sept. 23, 2022	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)	RECAP
12	Sept. 23, 2022	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)	RECAP
13	Oct. 7, 2022	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)	RECAP
15	Oct. 11, 2022	JOINT DISCOVERY STATEMENT by Plaintiff United States of America (Powers, Stephanie) (Entered: 10/11/2022)	RECAP
16	Oct. 11, 2022	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)	RECAP
17	Oct. 11, 2022	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)	RECAP
18	Oct. 17, 2022	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)	RECAP
19	Oct. 17, 2022	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)	RECAP
20	Oct. 21, 2022	WAIVER of Speedy Trial by Jared Michael Harrison (Hill, J.P.) (Entered: 10/21/2022)	RECAP
21	Oct. 21, 2022	UNOPPOSED MOTION to Continue Jury Trial with Brief in Support by Jared Michael Harrison. (Hill, J.P.) (Entered: 10/21/2022)	RECAP
22	Oct. 24, 2022	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)	RECAP
	Oct. 24, 2022	Terminate Deadlines and Hearings
	Oct. 24, 2022	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)
23	Oct. 28, 2022	MOTION for Leave to File Oversized Brief by United States of America as to Jared Michael Harrison. (Powers, Stephanie) (Entered: 10/28/2022)	RECAP
24	Oct. 31, 2022	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)	RECAP
25	Oct. 31, 2022	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)	RECAP
26	Oct. 31, 2022	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)	RECAP
27	Oct. 31, 2022	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)	RECAP
28	Nov. 4, 2022	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)	RECAP
29	Nov. 15, 2022	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)	RECAP
30	Nov. 17, 2022	ENTRY OF ATTORNEY APPEARANCE David M McCrary appearing for USA. (McCrary, David) (Entered: 11/17/2022)	RECAP
31	Nov. 21, 2022	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)	RECAP
32	Nov. 22, 2022	ENTRY OF ATTORNEY APPEARANCE: Laura K Deskin appearing for Jared Michael Harrison (Deskin, Laura) (Entered: 11/22/2022)	RECAP
33	Nov. 28, 2022	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)	RECAP
34	Nov. 30, 2022	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)	RECAP
	Nov. 30, 2022	Terminate Deadlines and Hearings
	Nov. 30, 2022	Terminate Deadlines and Hearings as to Jared Michael Harrison: (ks)
35	Jan. 4, 2023	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)	RECAP
36	Feb. 3, 2023	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)	RECAP
37	March 3, 2023	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)	RECAP
38	March 3, 2023	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)	RECAP
39	March 3, 2023	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)	RECAP
40	March 17, 2023	ENTRY OF ATTORNEY APPEARANCE Steven W Creager appearing for USA. (Creager, Steven) (Entered: 03/17/2023)	RECAP
41	March 17, 2023	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)	RECAP
42	March 17, 2023	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)	RECAP
43	Dec. 11, 2023	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)	RECAP
44	Aug. 26, 2025	USCA OPINION as to Jared Michael Harrison re 37 Notice of Appeal. Reversed and Remanded. Terminated on the merits after oral hearing. Written, signed, published; Judges Rossman (authoring judge), Kelly (concurring in part and dissenting in part) and Murphy. Mandate to issue. [23-6028] (kb) (Entered: 08/27/2025)	RECAP
45	Aug. 26, 2025	JUDGMENT of USCA as to Jared Michael Harrison re 37 Notice of Appeal. Judgment for opinion filed. [23-6028] (kb) (Entered: 08/27/2025)	RECAP
46	Sept. 17, 2025	USCA MANDATE Issued re 37 Notice of Appeal filed by Jared Michael Harrison. Mandate issued. [23-6028] (kb) (Entered: 09/17/2025)	RECAP
	Sept. 17, 2025	Case reopened as to Jared Michael Harrison (ekw)
47	Sept. 18, 2025	ENTER ORDER as to Jared Michael Harrison: The Court sets this matter for a Status Conference on Wednesday, September 24, 2025 at 1:30 p.m., before Judge Patrick R. Wyrick, in Chambers. Signed by Deputy Clerk on 9/18/2025. (ekw) (Entered: 09/18/2025)	RECAP
48	Sept. 23, 2025	MOTION to Dismiss Indictment by United States of America as to Jared Michael Harrison. (McCrary, David) (Entered: 09/23/2025)	RECAP
49	Sept. 23, 2025	ENTER ORDER - The Status Conference scheduled for Wednesday, September 24, 2025, at 1:30 p.m., as to Jared Michael Harrison, is hereby stricken. Signed by Deputy Clerk on 9/23/2025. (ekw) (Entered: 09/23/2025)	RECAP