Grant v. United States
3:25-cv-00931
N.D. Tex.Apr 14, 2025Background
- Sherman Grant pled guilty in 2017 to conspiracy to distribute controlled substances and received a 188-month prison sentence, with 3 years supervised release.
- He has sought sentence reductions or early release several times, including motions based on the COVID-19 pandemic, the First Step Act, and compassionate release.
- In February 2025, Grant filed a renewed motion for compassionate release citing an "unusually long sentence" and alleged changes in the law affecting firearm enhancements.
- The Court considered whether his arguments met the “extraordinary and compelling reasons” threshold required for compassionate release under 18 U.S.C. § 3582(c)(1)(A).
- The Court also treated part of his motion as a collateral challenge under 28 U.S.C. § 2255, to address constitutional issues raised under recent Supreme Court and Fifth Circuit cases.
Issues
| Issue | Grant's Argument | Government's Argument | Held |
|---|---|---|---|
| Compassionate release: extraordinary/compelling reasons | Sentence is unusually long; firearm enhancement now unlawful | § 3553(a) factors don’t favor release; not enough time served | Denied; does not warrant early release per § 3553(a) |
| Applicability of U.S.S.G. § 1B1.13(b)(6) | Change in law + long sentence create extraordinary reason | Grant has not served 10 years as required | Assumed arguendo but denied on § 3553(a) grounds |
| Sentencing factors under 18 U.S.C. § 3553(a) | Claims rehabilitation, not a danger to the community | Serious offense, criminal history, insufficient rehabilitation | Release would not serve justice or public safety |
| Collateral challenge under Bruen and Rahimi | Firearm enhancement unconstitutional under new law | N/A (addressed as process, not merits) | Referred as § 2255 motion for separate consideration |
Key Cases Cited
- United States v. Chambliss, 948 F.3d 691 (5th Cir. 2020) (describes the compassionate release standard and affirmation of denial based on § 3553(a) factors)
- United States v. Shkambi, 993 F.3d 388 (5th Cir. 2021) (holding that Sentencing Commission’s policy statement is not binding on prisoner-initiated compassionate release motions)
- New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022) (held aspects of firearm regulation unconstitutional; cited as basis for challenging sentencing enhancement)
- United States v. Rahimi, 61 F.4th 443 (5th Cir. 2023), rev’d, 602 U.S. 680 (2024) (addressing Second Amendment limitations; basis for constitutional sentencing arguments)