United States v. Battle
1:16-cr-00248
| E.D.N.Y | Mar 20, 2018Background
- Defendant William Battle pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) (single-count indictment). Plea entered January 31, 2017.
- On February 1, 2016 NYPD officers chased Battle, observed him discard a Lorcin .380 pistol, recovered the gun, and arrested him. State robbery charges arising from the same incident were later dismissed.
- Battle has a prior felony conviction for first-degree assault (NY Penal Law § 120.10) for which he served five years; he was on parole at the time of the instant offense and later pled guilty to a parole violation.
- Probation’s initial PSR considered a §2K2.1(c)(1) cross-reference to robbery (raising the Guidelines), but Probation’s addendum removed that reference after defense objection and state dismissal of robbery charges.
- Guidelines calculation agreed by parties: base offense level 20 under USSG §2K2.1(a)(4)(A), three-level reduction for acceptance of responsibility, resulting in total offense level 17 and Criminal History Category IV → Guidelines range 37–46 months.
- Court sentenced Battle to 37 months’ imprisonment (to run consecutively to any undischarged parole-violation term), 3 years’ supervised release, and $100 special assessment; court adopted PSR findings and imposed Probation’s proposed special conditions except an alcohol ban.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the cross‑reference to robbery (USSG §2K2.1(c)(1) → §2X1.1/§2B3.1) applies to raise the Guidelines offense level | Gov’t initially relied on facts suggesting an attempted robbery occurred in connection with the firearm possession, which would yield a higher offense level | Defense argued robbery charges were dismissed, victim recanted, and cross‑reference is not supported by the record | Court (and Probation in addendum) declined to apply the robbery cross‑reference; offense level set at 20 before reductions and total offense level 17 after acceptance credit |
| Proper base offense level under USSG §2K2.1(a)(4)(A) given prior felony (crime of violence) | Gov’t and Probation: prior first‑degree assault qualifies as a crime of violence, supporting base level 20 | Defense did not dispute base level 20 under §2K2.1(a)(4)(A) | Court accepted base offense level 20 under §2K2.1(a)(4)(A) |
| Whether acceptance of responsibility applies | N/A (government agreed) | Battle sought credit for timely plea and acceptance | Court granted 3‑level reduction under USSG §3E1.1 for acceptance of responsibility |
| Whether sentence should run consecutively to undischarged state parole revocation term | Gov’t relied on Sentencing Commission policy and PSR noting parole revocation custody | Defense sought a sentence within the Guidelines range but did not dispute effect of parole revocation | Court imposed 37 months’ imprisonment to run consecutively to any undischarged parole‑violation term (consistent with USSG policy statements) |
Key Cases Cited
- Setser v. United States, 566 U.S. 231 (2012) (federal courts have discretion to impose sentences concurrently or consecutively with other sentences)