Sentencing Memorandum — No. 7:25-cr-00006 (Dkt. 24, E.D. Ky.)

Summary

An eight-page sentencing memorandum, Document 24, filed 08/29/25 by attorney Sebastian M. Joy for Cortez T. Harris in United States v. Harris, Criminal No. 7:25-CR-006-DLB, in the U.S. District Court for the Eastern District of Kentucky at Pikeville. A grand jury indicted Harris on February 27, 2025 for possessing over 500 grams of methamphetamine with intent to distribute, and he pleaded guilty. The memorandum says that on January 17, 2025 he drove from Detroit, Michigan toward Eastern Kentucky with 843.2 grams of methamphetamine, was stopped in Magoffin County, had been offered $1000.00 for the trip and received $500.00, and has been in custody since. Facing a guideline range of seventy (70) to eighty seven (87) months, he walks through the 18 U.S.C. § 3553(a) factors and argues that his military service warrants a departure under USSG § 5H1.11.

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Full text

Case: 7:25-cr-00006-DLB-EBA Doc #: 24 Filed: 08/29/25 Page: 1 of 8 - Page
ID#: 50

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
PIKEVILLE

UNITED STATES OF AMERICA

vs. Criminal No. 7:25-CR-006-DLB

CORTEZ T. HARRIS

SENTENCING MEMORANDUM

Defendant, Cortez T. Harris, submits this Sentencing Memorandum evaluating

each one of the various factors under 18 U.S.C. § 3553(a) for the Court’s consideration

at the Sentencing hearing scheduled for September 8, 2025 at 10.30 a.m., in Ashland,

Kentucky.

The court in determining the particular sentence to be imposed and the need for

a variance, shall consider the factors found at 18 U.S.C. § 3553(a). These factors

include; the nature and circumstance of the offense and the history and characteristics

of the defendant, the need to reflect the seriousness of the offense, to promote respect

for the law and provide just punishment for the offense, to afford adequate deterrence to

criminal conduct, to protect the public from further crimes of the defendant, and to

provide the defendant with needed vocational or educational training, medical care, or

other correctional treatment in the most effective manner.

BACKGROUND – NATURE & CIRCUMSTANCES OF THE OFFENSE

On February 27, 2025, the Grand Jury for the United States District Court for the

Eastern District of Kentucky returned a single count indictment against Cortez T. Harris
Case: 7:25-cr-00006-DLB-EBA Doc #: 24 Filed: 08/29/25 Page: 2 of 8 - Page
ID#: 51

charging the Defendant with knowingly and intentionally possessing over 500 grams of

Methamphetamine with intent to distribute it. The Defendant subsequently pled guilty to

count one of the multiple count indictment that he was charged with.

The essential facts of the case are as follows. The defendant on January 17,

2025, traveled from Detroit, Michigan, to Eastern Kentucky with 843.2 grams of

Methamphetamine. He was stopped by law enforcement in Magoffin County, Kentucky

due to traffic violations. Law enforcement smelled marijuana in his vehicle and searched

the vehicle. During the search, the methamphetamine was located by law enforcement.

The defendant was initially charged in Magoffin court with Trafficking in a controlled

substance and these charges have since been dismissed.

In speaking with the defendant further, he informed the undersigned counsel that

at the time of the offense, he struggling financially and was offered $1000.00 to travel to

Kentucky, to a preset address and in return, he would be paid $500.00 upfront and then

$500.00 upon his return. As the court is well aware, he only received $500.00 for the

entire trip due to his arrest. The defendant was not even fully aware as to the exact final

location of his travel, other than it is somewhere in Eastern Kentucky and he had an

hour left on his trip when he was stopped and arrested by law enforcement.

The defendant has taken full responsibility for his actions and is seeking a just

and proper punishment that reflects the seriousness of her offense, yet showing that he

deserves a second chance with this court. The defendant is facing a guideline

sentencing range of seventy (70) to eighty seven (87) months. The defendant has been

held in custody since January 17, 2025 on these charges.
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ID#: 52

HISTORY AND CHARACTERISTICS OF THE DEFENDANT

Cortez T. Harris, was born to the non-marital relationship of Lewis Henderson

and Kimberly Harris in Detroit, Michigan on October 3, 1986. The defendant was

primarily raised by his mother. He grew up in a tough neighborhood and he has a tough

childhood due to addiction issues with his parents. Mr. Harris has several full siblings

and half siblings and other cousins that he is close with. The defendant has been

married once before and he has no children of his own.

THE DEFENDANTS MILITARY SERVICE WARRANTS A

DEPARTURE UNDER USSG § 5H1.11

Under USSG § 5H1.11, a defendants military service may be relevant in

determining whether a departure is warranted, if the military service, individually or in

combination with other offender characteristics, is present to an unusual degree and

distinguishes the case from typical cases covered by the guidelines.

After graduating from High School, Mr. Harris voluntarily enrolled in the United

States Army on 08/22/2005, and he remained active duty until 06/05/2009, when he

received an honorable discharge from active duty. Upon receiving his honorable

discharge, Mr. Harris enrolled in the U.S. Army Reserves on 06/05/2009 until

09/17/2013.

During Mr. Harris active duty service with the U.S. Army, after he completed

basic training and Military Occupational Specialty as a Combat Engineer, Mr. Harris was

first sent overseas to Mosul, Iraq for fifteen months. During the fifteen month
Case: 7:25-cr-00006-DLB-EBA Doc #: 24 Filed: 08/29/25 Page: 4 of 8 - Page
ID#: 53

deployment, Mr. Harris saw some of the fiercest fighting in Mosul and was actively

involved as a Combat Engineer. When a normal deployment lasts between six to twelve

months, during this deployment, Mr. Harris and his fellow troops deployment was

extended by the U.S. Army.

From 2006 to 2007, Mosul was a major stronghold for the Al Qaeda in Iraq,

which was restructuring into the Islamic State under new leadership. The city was a

strategic center for the Sunni insurgency and experienced continued fighting between

the Iraqi government, American-led forces, and various militant groups amid the

escalating Iraqi civil war. Despite security operations in other areas, Mosul remained a

key area for the Islamic State after it was driven from Baghdad.

He was then stationed at Camp Casey in Korea for an additional twelve months.

During these two overseas tours, Mr. Harris developed PTSD. He has been attempting

to received his service connected disability, but has been unable to do so thus far. Mr.

Harris is generally considered to a loner and he does not do well working with other

individuals.

This military service is certainly present to an unusual degree and distinguishes

Mr. Harris from other individuals. The attached article about the Battle for Mosul speaks

more about the Iraqi elections that Mr. Harris and his fellow enlistees helped protect.

(Please find attached as Exhibit).

THE DEFENDANT MADE A HUGE MISTAKE IN HIS LIFE

Mr. Harris made a huge mistake. Mr. Harris was attempting to open his own

business and was doing well. He was also attempting to get his service connected
Case: 7:25-cr-00006-DLB-EBA Doc #: 24 Filed: 08/29/25 Page: 5 of 8 - Page
ID#: 54

disability with the VA and had been denied multiple times. This would’ve helped him

manage his PTSD better and also have a steady income stream. As the PSI notes, Mr.

Harris worked for a construction company and was in the process of attempting to get

his own construction company off the ground. But with the economy the way it was, Mr.

Harris was struggling with earning enough money to survive. At this desperate time, he

was offered a job driving a car to Eastern Kentucky for $1000.00. He knew there was

some kind of drug that he was transporting, and he probably should not have taken on

the job.

But the allure of a quick $1000.00 for a day of work was too tempting. Mr. Harris

readily acknowledges that this was a mistake and he is paying the price for this mistake.

Mr. Harris, would be the classic person that needs to be punished, deterred, and

rehabilitated, not convicted, warehoused and forgotten. The need for the sentence to

promote respect for the law and to provide just punishment can be attained by the Court

by granting a downward variance and sentencing Mr. Harris, to time served plus a five

year term of Supervised Release or Probation. Mr. Harris does not seem like the kind of

person who will re-offend.

THE DEFENDANTS CRIMINAL HISTORY IS MINIMAL

The Pre-Sentence Report places Mr. Harris at a Criminal History category of I.

He has zero criminal history points. The defendants past criminal interactions are

minimal. This clearly shows that Mr. Harris is not someone that the court will be seeing

again based on his past history. If past history is a good indicator of future behavior,

then it would be safe to assume that Mr. Harris, is someone that can be rehabilitated.
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ID#: 55

Going back to some of the factors outlined by Attorney General Holder in his

statements, Mr. Harris, has no ties to any gangs and has never indicated that he is a

violent criminal. Mr. Harris made a one time bad decision, other than that, he has

served protecting our country. This is rather clear from the PSR.

Even people like Mr. Harris, need help when they fall to the ground. Instead of

putting him in prison and warehousing him, Mr. Harris, is someone who can be helped

and is currently living a drug free life. This arrest has already changed is life. He will be

punished either way to a sentence that is the longest that he’s ever served.

The Defendant is not a violent person and he has never shown any violent

tendencies during his adult life. He does not pose a threat to the public at all. If the

United States Department of Justice intends to make changes to fix our burgeoning

prison problem, we need a place to start and someone to start this with, and Mr. Harris,

is probably the best candidate to do so.

The Defendant would respectfully ask the court that he make a recommendation

to the Bureau of Prisons that he be housed as close to Detroit, Michigan or Atlanta,

Georgia, if possible, if the court sentences him to a term of incarceration. The

defendant would also request the court to recommend that he complete the five

hundred hour RDAP program if the court sentences him to a term of incarceration.

WHEREFORE, we would respectfully submit that the court grant the Defendant a

sentence of credit for time served followed by a term of five years supervised release or

probation, which is no more than necessary to promote respect for the law, yet at the

same time be a deterrent for future criminal behavior.
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ID#: 56

Respectfully submitted this 29th day of August, 2025.

CORTEZ T. HARRIS.
By Counsel

Very truly yours,

JOY LAW OFFICE
2701 Louisa Street
P.O. Box 411
Catlettsburg, KY 41129
Telephone: (606) 739-4569
Facsimile: (606) 739-0338
Cell: (859) 488-1214

__s/ Sebastian M. Joy_____________
Sebastian M. Joy, Esq.
Counsel for Defendant CORTEZ T. HARRIS.
Kentucky Bar # 92583
West Virginia Bar # 10945
E-mail: sjoy@joylawoffice.com
Admitted in Kentucky & West Virginia
Case: 7:25-cr-00006-DLB-EBA Doc #: 24 Filed: 08/29/25 Page: 8 of 8 - Page
ID#: 57

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
PIKEVILLE

UNITED STATES OF AMERICA

vs. Criminal No. 7:25-CR-006-DLB

CORTEZ T. HARRIS

CERTIFICATE OF SERVICE

The undersigned hereby certifies that the foregoing SENTENCING
MEMORANDUM has been electronically filed with the Clerk of Court this date using the
CM/ECF system and served upon opposing counsel as follows:

VIA CM/ECF: Hon. Andrew Trimble
Office of United States Attorney
Eastern District of Kentucky
London, Kentucky

DATE: August 29, 2025

Very truly yours,

JOY LAW OFFICE
2701 Louisa Street
P.O. Box 411
Catlettsburg, KY 41129
Telephone: (606) 739-4569
Facsimile: (606) 739-0338

__s/ Sebastian M. Joy_____________
Hon. Sebastian M. Joy
Counsel for Defendant
Kentucky Bar # 92583
West Virginia Bar # 10945
E-mail: sjoy@joylawoffice.com
Admitted in Kentucky & West Virginia

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