Appeals Court Revives Challenge to Barrett's Sentence

A three-judge panel reopened Jerad M. Barrett's appeal of his 135-month prison term over a dispute about dismissed drug conduct and a leadership enhancement.

Updated on Nov. 8, 2026 in Criminal Justice

Bold flat-color editorial illustration of a plain stone courthouse-style facade under a pale grey sky, with a single flagpole, evoking judicial review. — A federal appeals court revived Jerad M. Barrett's challenge to his 135-month drug sentence, ordering his appeal reconsidered over disputed conduct and a leadership enhancement. AI Illustration. Upload story photo >

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The 5th U.S. Circuit Court of Appeals granted reconsideration and revived Jerad M. Barrett's challenge to his 11-year prison term, which was imposed by a trial judge in the Eastern District of Louisiana. The panel ordered the government's motion to dismiss carried with the case to a merits panel.

Why it matters

The ruling allows Barrett to contest whether his guidelines range was calculated using drug offenses that were dropped from the indictment and a leadership enhancement he says rested on bad information. It also raises whether his appeal waiver should be enforced given his argument of a miscarriage of justice.

Barrett pleaded guilty to four drug counts, each with a 20-year maximum, and the appeals court granted reconsideration of his 135-month sentence in an order filed October 28. The government's motion to dismiss was carried with the case, leaving the merits of his appeal waiver and sentence for a future panel.

The players

5th U.S. Circuit Court of Appeals

The federal appellate court for Louisiana, Mississippi, and Texas that reviewed and reopened Barrett's appeal.

Jerad M. Barrett

The defendant who pleaded guilty to four drug counts and is challenging his 135-month sentence.

James C. Ho

A circuit judge on the 5th Circuit who dissented from the order granting reconsideration.

The details

Barrett pleaded guilty to four drug counts under a plea agreement that removed methamphetamine references from the indictment and waived most sentencing challenges. The trial judge adopted a presentence report that included the dropped methamphetamine conduct and a leadership role enhancement, raising the recommended range from 46 to 57 months to 135 to 168 months, and imposed 135 months over defense objections.

October 28, 2026: The three-judge panel granted Barrett's unopposed motion for reconsideration and reopened his appeal.
November 7, 2026: Reporting on the reopened appeal was published.

Legal Context

The reopened appeal tests whether the Hunter v. United States miscarriage-of-justice exception can override a plea agreement's appeal waiver when a sentence rests on dismissed conduct. The outcome will show how federal appellate courts in the Fifth Circuit weigh such waivers against challenges to guidelines calculations.

The reopened appeal could change the length of Barrett's federal sentence, affecting how long he remains in custody. The outcome may also influence how plea agreements and appeal waivers are applied in Louisiana federal cases.

The takeaway

Plea agreements with appeal waivers do not always end a sentencing dispute, particularly when the guidelines calculation depends on conduct later dropped from the charges. Readers following federal sentencing should watch how the merits panel resolves the waiver question.