United States of America v. Michael Henry Harrison, a/k/a Emmanuel Henry Harrison, III Michael Henry Harrison

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 02-4030
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UNITED STATES OF AMERICA,
v.
MICHAEL HENRY HARRISON,
a/k/a Emmanuel Henry Harrison, III
Michael Henry Harrison,
Appellant
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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.
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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)
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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
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OPINION OF THE COURT
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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

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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.

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