United States v. Meregildo
1:11-cr-00576
S.D.N.Y.Apr 12, 2024Background
- Enrique Brito, who was just under 18 at the time, pled guilty to racketeering and attempted murder involving a shooting that injured a bystander.
- Brito received a sentence of 270 months (150 months for racketeering, 120 consecutive months for firearm use in attempted murder).
- He filed a motion under 28 U.S.C. § 2255 to vacate his sentence, arguing that attempted murder under New York law is not a “crime of violence” under § 924(c).
- He simultaneously moved for a sentence reduction under 18 U.S.C. § 3582(c)(1)(A), citing his youth, mental health issues, and difficult upbringing as extraordinary and compelling reasons.
- The court denied the § 2255 motion but granted a reduction, lowering his sentence to 202 months in light of his juvenile status and rehabilitative efforts.
Issues
| Issue | Brito's Argument | Government's Argument | Held |
|---|---|---|---|
| Is attempted murder under NY law a "crime of violence" for 924(c)? | It is not, as per Johnson/Taylor; conviction invalid | Pastore II controls—attempted murder qualifies | Attempted murder qualifies per Pastore II |
| Should Brito's sentence be reduced for extraordinary/compelling reasons? | His age at the offense, mental health, upbringing warrant reduction | Rehabilitation alone insufficient, but factors may be weighed | Extraordinary/compelling reasons found; reduction warranted |
| Does prior consideration of mitigating factors preclude reduction? | These factors now take on greater significance | Should not revisit factors already considered | "Other Reasons" recognized as basis for reduction |
| Do § 3553(a) factors support a further sentence reduction (to time served)? | Yes, changed circumstances and rehabilitation justify it | Nature of crime and deterrence still apply | Partial reduction granted, not full release |
Key Cases Cited
- Johnson v. United States, 576 U.S. 591 (residual clause in 924(c) void for vagueness)
- United States v. Taylor, 596 U.S. 845 (attempted Hobbs Act robbery not a crime of violence under 924(c))
- Miller v. Alabama, 567 U.S. 460 (mandatory life sentences for juveniles unconstitutional)
- Montgomery v. Louisiana, 577 U.S. 190 (states must apply Miller to cases on collateral review)
- United States v. Delgado, 971 F.3d 144 (vacating juvenile's non-mandatory life sentence for inadequate age consideration)
- United States v. Brooker, 976 F.3d 228 (district courts may consider all relevant factors for compassionate release)