Court filing
Petitioner's Motion for Release Pending Adjudication of § 2255 Motion — United States v. Gladys Harun (3:23-cr-3) (S.D. Ga. No. 3:23-cr-00003)
Filed July 31, 2025 in U.S. v. Gladys Harun; one of 11 filings from this case.
No. 3:23-cr-00003-DHB-BKE · Doc. 74 · 2025-07-31 · Docket on CourtListener
Full text
Case 3:23-cr-00003-DHB-BKE Document 74 Filed 07/31/25 Page 1 of 7
U.S arSTWCT COURT
southern district of GEORGIA
UNITED STATES DISTRICT COURT
JUL3| 2025
SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION FILED
UNITED STATES OF AMERICA,
Respondent,
Case No. 3:23-cr-00003-DHB-BKE
V.
GLADYS HARUN,
Petitioner.
PETITIONER’S MOTION FOR RELEASE PENDING ADJUDICATION OF 28 U.S.C.
§ 2255 MOTION
INTRODUCTION
Petitioner Gladys Harun, Pro se respectfully moves this Court for her release from
custody pending adjudication of her pending motion under 28 U.S.C. § 2255. Ms. Harun
has presented newly discovered exculpatory evidence establishing a substantial
likelihood of success on her § 2255 motion and demonstrating her actual innocence of the
charged offense. Additionally, petitioner has exceptional circumstances; she is a mother
to 6 minor children who are now starting a new school year. Her status as a caregiver to
take care of these six children compel her release. She poses no flight risk or danger to
the community and has strong family and community ties. In support, Petitioner shows as
follows.
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Case 3:23-cr-00003-DHB-BKE Document 74 Filed 07/31/25 Page 2 of 7
LEGAL STANDARD
Although there is no explicit statutory provision for release pending a § 2255 motion,
courts in this Circuit recognize inherent authority to order bail where the petitioner
demonstrates (1) a substantial likelihood of success on the merits of the § 2255 motion,
and (2) extraordinary circumstances that make release necessary to preserve the
effectiveness of the habeas remedy. See Cousar v. Attorney General, 2021 U.S. Dist.
LEXIS 125891, at *3 (D. Md. Aug. 30, 2021) (extending authority recognized in
immigration habeas cases to § 2255 motions in absence of express statute); Miller V.
United States Army, 2018 WL 11063086, at *1 (11th Cir. Dec. 20, 2018) (unpublished)
(recognizing power to order interim release pending habeas resolution). In habeas cases,
the Eleventh Circuit has confirmed that these principles mirror the standards for release
pending appeal in criminal cases under 18 U.S.C. § 3143. See Gomez v. United States,
899 F.2d 1124, 1125 (11th Cir. 1990) (en banc); Wilcox v. Ford, 813 F.2d 1141, 1151
(11th Cir. 1987) (applying same two-part test to habeas petitioners who have exhausted
direct review).
In Eleventh Circuit decisions
on release pending appeal, the court held a petitioner must
demonstrate:
● A substantial likelihood of success on the merits of a substantial constitutional claim;
and
● Extraordinary and exceptional circumstances rendering release necessary to make the
habeas remedy effective.
See Gomez, 899 F.2d at 1125 (citing Galley v. Callaway, 496 F.2d 701, 702 (5th Cir.
1974)); Wilcox, 813 F.2d at 1151; Love v. McKoy, 625 F.2d 390, 393 (5th Cir. 1980)
(extraordinary circumstances include serious deterioration in health). The court placed
the burden on the petitioner to satisfy both prongs. Gonzalez v. United States, 722 F.
Supp. 1557, 1560 (S.D. Fla. 1989) ('‘Petitioner has the burden of establishing both
likelihood of success and extraordinary circumstances."). Extraordinary circumstances
may include acute health crises, significant family responsibilities, or prolonged delays in
adjudication. See United States v. Metl, 41 F.3d 1281, 1282 n.4 (9th Cir. 1994) (serious
health condition); Lomax v.
Ortiz-Marquez, 140 S. Ct. 1721 (2020) (prolonged delays).
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Case 3:23-cr-00003-DHB-BKE Document 74 Filed 07/31/25 Page 3 of 7
Here, Eleventh Circuit precedent is controlling: release pending habeas requires a two-
part showing as set forth in Gomez, and the Court must apply that standard to § 2255
motions. Calley, Love, Wilcox, and Gomez establish that the same criteria govern pre
appeal release and habeas interim release in this Circuit.
ARGUMENT
I. Petitioner Demonstrates a Substantial Likelihood of Success on the Merits of Her §
2255 Motion.
A. Newly Discovered Evidence Proves Actual Innocence.
Petitioner’s § 2255 motion presents newly discovered evidence that the SBA fully
forgave all PPP and EIDL loans, confirmed by official forgiveness letters and audit
reports. Comprehensive payroll and banking documents prove legitimate use of funds.
This evidence directly contradicts the government’s loss calculations and fraud theory,
establishing her innocence. Under McQuiggin v. Perkins, 569 U.S. 383 (2013), actual
innocence can overcome procedural bars when new evidence shows it is ‘'more likely
than not that no reasonable juror would have convicted.” Id. at 386. Here, the extensive
post-conviction documentation meets that high standard.
B. Prosecutorial Misconduct and Brady/GigHo Violations Undermine the Conviction.
Petitioner s suppression-of-evidence claims reveal that IRS and SBA agents knowingly
presented false testimony and withheld exculpatory materials, violating Brady v.
Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). Courts
recognize that constitutional violations arising from withheld impeachment or
exculpatory evidence warrant relief See United States v. Agurs, 427 U.S. 97 (1976);
Cone V. Bell, 556 U.S. 449 (2009). This misconduct further strengthens her likelihood of
success on her § 2255 motion.
II. Extraordinar>’ Circumstances Warrant Release to Make Habeas Effective.
A. Primary Caregiver to Six Minor Children,
Petitioner is the sole
caregiver for her six minor children and their well-being depends
entirely on her presence. While incarcerated, they face educational setbacks, emotional
distress, and potential harm in her absence. In Gomez, the Eleventh Circuit recognized
that extraordinary family circumstances, such as caregiving obligations, mayjustify
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Case 3:23-cr-00003-DHB-BKE Document 74 Filed 07/31/25 Page 4 of 7
release pending appeal. Gomez, 899 F.2d at 1126; see also In re Wainwright, 518 F.2d
173, 174 {5th Cir. 1975) (family responsibilities constitute exceptional circumstances).
B. No Flight Risk or Danger to the Community.
Petitioner has no prior criminal record, strong community ties, home ownership and
stable family support. Under 18 U.S.C. § 3143 and Eleventh Circuit precedent, these
factors show she poses neither a risk of flight nor danger to the community. Gomez, 899
F.2d at 1125-26; Wilcox, 813 F.2d at 1151-52.
C, Prolonged Delay Heightens Prejudice.
A § 2255 proceeding can take many months or years. Continued incarceration pending its
conclusion would inflict irreparable harm on Petitioner and her children. The
extraordinary circumstances—her caregiving role and strong merits of her innocence
claim—mandate interim release to preserve habeas relief. See Miller, 2018 WL
11063086, at * 1; Wainwright, 518 F.2d at 174.
III. Bond Conditions Can Adequately Assure Appearance and Safety.
If this Court orders release, conditions such as electronic monitoring, home confinement
to her residence, regular reporting, and restrictions on business activities can ensure her
appearance and community safety. See 18 U.S.C. § 3143(b) (1) (B) (conditions must
reasonably assure appearance and safety).
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Case 3:23-cr-00003-DHB-BKE Document 74 Filed 07/31/25 Page 5 of 7
CONCLUSION AND PRAYER FOR RELIEF
For the foregoing reasons, Petitioner respectfully requests that this Court:
1. Grant her release from custody pending resolution of her 28 U.S.C. § 2255
motion;
2. Order her transferred to pretrial services supervision with conditions including
electronic monitoring and home confinement;
3. Order the government to respond to her § 2255 motion on an expedited schedule;
and
4. Grant such other relief as may be just and proper.
Respectfully submitted this 22nd day of July, 2025.
Gladys Harun
192 Amelia Dr
Byron Ga 31008
6
Case 3:23-cr-00003-DHB-BKE Document 74 Filed 07/31/25 Page 6 of 7
CERTIFICATE OF SERVICE / Mailing address Change
I, Gladys Harun, Pro Se, of Dimas Charity Macon, hereby certify that on July 23,2025,1 served
a true and correct copy of my
(a) Motion to supplement the record in the case, Case No. 3:23-CR-00003 DHB-BKE,
(b) Motion for sequencing of pending motions and priority consideration of motion to
supplement record,
(c) Petitioner’s motion for release pending adjudication of 28 U.S.C. § 2255 MOTION
1 have mailed a copy of these motion in accordance with applicable law by handing it over to the
halfway house officials responsible for mail delivery.
The copy was addressed as follows:
Assistant United States Attorney
United States Attorney’s Office
P.O. Box 8970
Savannah, GA 31412
I further certify that this method of service complies with all applicable rules and procedures
regarding notice and service in this matter.
Kindly mail all mail correspondenees to the following address:
Gladys Harun, Pro Se
192 Amelia Dr
Byron Ga 31008
July 23,2025
Sign:
Case 3:23-cr-00003-DHB-BKE Retail
Document 74 Filed 07/31/25 Page 7 of 7
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