845 F. Supp. 2d 475
N.D.N.Y.2012Background
- Malloy moved under 18 U.S.C. § 3582(c)(2) for a retroactive sentence reduction after FSA amendments to crack guidelines.
- Court previously calculated Malloy’s original sentence as 100 months with a 20-month custody credit based on indeterminate state parole conduct and relevant conduct.
- Amended Guidelines would lower Malloy’s base offense level from 30 to 26 and total offense level to 23, yielding an 84–105 month range, with Malloy in Criminal History Category V.
- Malloy’s 2003 Albany County conviction (relevant conduct) led to three additional criminal history points and created ambiguity about the basis for the custody credit.
- The court must determine whether the 20-month custody credit can be reapplied under § 5G1.3(b) or § 5K2.23 and how that interacts with § 1B1.10(b)(2).
- The court ultimately grants the motion and reduces Malloy’s sentence to 64 months, including the 20-month custody credit, after clarifying the credit’s basis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 1B1.10(b)(2) bars below-minimum reduction here. | Malloy argues credits under §5G1.3(b) or §5K2.23 permit a reduction below the amended minimum. | The government contends the 1B1.10(b)(2) minimum applies, preventing below-range reductions. | Yes and no: credit allowed, but through §5G1.3(b) or §5K2.23, not a pure below-range departure. |
| Proper basis for the 20-month custody credit (5G1.3(b) vs 5K2.23). | Malloy should receive credit under §5G1.3(b) as the relevant conduct was undischarged. | Credit could be justified under either §5G1.3(b) or §5K2.23 depending on discharge status. | Credit sustained under §5G1.3(b) or, alternatively, §5K2.23 to ensure credit is preserved. |
| Whether Malloy’s amended guideline range is applicable and results in a lower sentence. | Amended range is lower; a reduced sentence should be allowed. | Limitations on reductions maintain the original sentence within the amended range. | Amended range is 84–105 months; overall reduction to 64 months with credit. |
| Whether the 2003 state conviction constitutes qualifying relevant conduct affecting custody credit. | Conviction as relevant conduct supports credit under 5G1.3(b). | Contends about discharge status and interplay with state term. | Malloy’s sentence must be adjusted to reflect custody credit under 5G1.3(b) (or 5K2.23 as alternative). |
Key Cases Cited
- United States v. Hill, 455 Fed.Appx. 121 (2d Cir. 2012) (discussed discharge status for §5G1.3(b) credit)
- Labeille-Soto v. United States, 163 F.3d 93 (2d Cir. 1998) (time considered for §5G1.3(b) credit when state term is undischarged)
- United States v. McPherson, 435 Fed.Appx. 17 (2d Cir. 2011) (remand for clarification of original sentence grounds)
- United States v. Rivera, 662 F.3d 166 (2d Cir. 2011) (limits on §1B1.10 reductions; mandatory nature of certain bounds)
- Freeman v. United States, 131 S. Ct. 2685 (2011) (limits on sentence modification under 3582(c)(2))