United States v. Derrick Lee
Brief Details
- Case No.: 25-11097
- Brief Filed: March 06, 2026
- Jurisdiction: 5th Circuit Court of Appeals
Key Topics in the Brief
Briefs
Prior Decision
decision below No. 4:24-cr-00178-P-2 (N.D. Tex.)
The brief argues that the district court imposed an unconstitutional trial penalty by refusing to consider a downward sentencing variance because the defendant exercised his Sixth Amendment right to trial. NACDL emphasizes that the jury-trial right is a foundational constitutional protection designed to safeguard individual liberty and ensure democratic participation in the criminal justice system. The brief explains that the modern federal sentencing system increasingly pressures defendants to plead guilty through dramatically harsher sentences after trial, contributing to the near disappearance of federal jury trials. Citing empirical data showing that more than 97% of federal convictions result from guilty pleas, NACDL argues that judicial policies that punish defendants for exercising the right to trial further undermine the constitutional role of juries. The district court’s explicit statement that it had “never granted a downward variance” to a defendant who chose to go to trial demonstrates a categorical sentencing policy that penalizes the exercise of constitutional rights. NACDL contends that such practices violate longstanding precedent prohibiting courts from imposing harsher punishment because a defendant exercised protected rights. The court should therefore vacate the sentence and remand for resentencing without consideration of an impermissible trial penalty.
Author(s)
Aaron P. Brecher and John B. Williams III, Orrick, Herrington & Sutcliffe LLP; Cynthia Hujar Orr, Goldstein & Orr; on behalf of the National Association of Criminal Defense Lawyers
