United States v. Holloway, No. 19-1035 (2d Cir. 2020)

Holloway sought reduction of his 168-month prison sentence and 10-year term of supervised release under Section 404 of the 2018 First Step Act, 132 Stat. 5194. The district court applied the framework of 18 U.S.C. 3582(c)(2), including U.S.S.G. 1B1.10. Because Holloway was sentenced as a career offender, the district court concluded that his Guidelines range after application of the First Step Act was equivalent to his original Guidelines range, so that Holloway was ineligible for a reduction of his term of imprisonment. The district court did not address supervised release. While his appeal was pending, Holloway completed his prison term and was released from custody.

The Second Circuit vacated, holding that Holloway’s appeal was not mooted by his release. Holloway remains eligible for a reduction in his term of supervised release and was eligible for relief under the plain language of the Act: The court had previously sentenced him for an offense covered by the Act, and Holloway was not otherwise barred from relief under the Act’s limitations; 18 U.S.C. 3582(c)(1)(B), rather than section 3582(c)(2), provides the correct framework for consideration of a motion for a reduction of a term of imprisonment under the First Step Act; so U.S.S.G. 1B1.10 does not prevent a district court from considering a First Step Act motion made by a defendant whose new Sentencing Guidelines range is equivalent to his original range.