18 USC 3582

In August 2023, the United States Sentencing Commission decided to change the way that some federal defendants’ criminal history scores are calculated for sentencing purposes. Previously, those found to have committed their crimes while “under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status,” had two points added to their Criminal History category calculation, pursuant to USSG 4A1.1(d). The Sentencing Commission decided that not only would those two points no longer be added, but those who had been previously sentenced with these two points added to their calculation would be allowed to apply for retroactive re-sentencing. Basically, those individuals who previously were sentenced based upon Sentencing Guidelines calculations that included these two points in the Criminal History Calculation can now ask their sentencing courts to re-sentence them (beginning in February 2024). Not every defendant sentenced for a crime committed “while under any criminal justice sentence” will necessarily benefit from this amendment, as a two-point reduction for Criminal History may not necessarily change that person’s Criminal History Category. Moreover, some judges may not think that these amendments justify downward modifications of previously imposed sentences. Nonetheless, every defendant sentenced with these two points included in their sentencing calculation should strongly consider applying for a reduction in their sentence based upon this amendment and 18 USC 3582(2)(c).

Matthew Galluzzo has successfully applied for resentencing in other 18 USC 3582 cases, including modifications of sentences based upon US v. Davis and other changes in the law. He is an experienced federal criminal defense attorney and appellate lawyer and he offers a reasonable flat fee for an application to modify a federal sentence. Contact him today to discuss whether such a petition might benefit you or your loved one.

Recently, Matthew Galluzzo, an experienced federal criminal defense attorney and criminal appellate lawyer, was appointed by a federal court to represent an individual previously sentenced to 48 years in prison in connection with two armed robberies in the 1990s. The client, Leonard Johnson, had been so harshly penalized in part because of the now outdated laws relating to the “stacking” of federal firearm sentences pursuant to 18 U.S.C. Section 924(c). Mr. Johnson filed a pro se motion for reconsideration under 18 U.S.C. Section 3582(c), and Mr. Galluzzo was appointed to supplement that appeal and improve upon it with his legal expertise.

Previously, judges were required to impose 25-year consecutive sentences on convictions for 924(c) firearm charges when the defendants had previous convictions for 924(c). However, the problem with this law is that a person who committed two violations of 924(c) would be sentenced to a 25-year mandatory minimum consecutive sentence, even if they committed that second 924(c) violation before being convicted of the first 924(c). That is precisely what happened to Mr. Johnson: he was arrested in North Carolina for a bank robbery with a firearm, and then charged shortly thereafter with another robbery with a firearm in New York. Even though he had not yet been convicted of a 924(c) charge when he committed the robbery in New York, he got the mandatory minimum consecutive 25-year sentence because the other 924(c) crime happened in North Carolina (and he was convicted in that case) before being sentenced in New York.

Congress clarified this issue recently such that in order for the mandatory consecutive 25-year sentence to apply, the first conviction for 924(c) had to have been final before the commission of the second 924(c) crime. Judges then generally have discretion to modify sentences imposed under the old scheme. United States v. Ballard, 2021 WL 3285009, at *4-*5 (S.D.N.Y. Aug. 2, 2021); 18 U.S.C. Section 3582. Mr. Galluzzo and Mr. Johnson argued that Mr. Johnson had undergone significant rehabilitation, that he suffered from a variety of health ailments, and that the requested sentence modification still constituted sufficient punishment for his offenses, in which no one was injured.

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Articles Tagged with 18 USC 3582

18 USC 3582(c)(2) – reduction in federal sentences based on August 2023 changes to criminal history category calculations for those who committed crimes while on probation or parole

Galluzzo earns 13-year sentence reduction in 924(c) “stacking” case