Alvalle v. United States

Background

Johnny Alvalle pleaded guilty to possessing a firearm after a felony conviction, distributing and possessing with intent to distribute heroin, fentanyl, and cocaine, and possessing a firearm in furtherance of a drug-trafficking offense. The court sentenced him to 90 months in prison followed by three years of supervised release. The 90-month sentence was below the applicable Guidelines range described by the court. Alvalle did not file a direct appeal.

Alvalle later filed two motions. First, under 28 U.S.C. § 2255, he sought to vacate, set aside, or correct his sentence based on Rehaif v. United States. Rehaif held that, in a prosecution for being a felon in possession of a firearm, the government must prove that the defendant knew both that he possessed the firearm and that he had the relevant felony status. Second, under 18 U.S.C. § 3582(c)(1)(A), Alvalle sought a sentence reduction and immediate release based on the COVID-19 pandemic, his prior COVID-19 infection, and his mother’s serious health problems. Alvalle represented himself, and the government opposed both motions.

Section 2255 motion

The court denied Alvalle’s request to vacate his sentence. Because Alvalle had not raised the Rehaif issue on direct appeal, the court ruled that the claim was procedurally defaulted. A procedural default generally prevents a prisoner from raising a claim later unless he shows a legally sufficient reason for not raising it earlier and resulting prejudice, or shows actual innocence. The court found that Alvalle had not made either showing.

The court also ruled that the claim lacked merit even if the procedural default were excused. It pointed to Alvalle’s prior conviction for assault with intent to cause serious physical injury, for which he served almost five years in prison, and to his statements during his guilty-plea hearing that he possessed a firearm after having previously been convicted of a felony. The court concluded that the record provided ample evidence that Alvalle knew of his felony status when he possessed the firearm.

Compassionate-release motion

The court also denied Alvalle’s request for compassionate release. It concluded that his mother’s health problems did not provide a sufficiently extraordinary and compelling reason for release because Alvalle had served about 37 months of his 90-month sentence. The court likewise concluded that COVID-19 did not justify release because Alvalle was 38 years old, did not have a serious health condition identified by the court as creating heightened risk, and had previously contracted the virus. The court also noted that Alvalle had refused an offered Moderna vaccine.

The court further held that, even assuming extraordinary and compelling reasons existed, the sentencing factors in 18 U.S.C. § 3553(a) weighed against reducing the sentence. In particular, the court relied on the nature and circumstances of the offenses, the seriousness of the conduct, the need for punishment and deterrence, and the need to protect the public. It concluded that reducing a below-Guidelines sentence after less than half had been served would undermine those considerations.

Disposition

The court denied both Alvalle’s motion to vacate, set aside, or correct his sentence and his motion to reduce his sentence and order immediate release. It declined to issue a certificate of appealability because Alvalle had not made the required substantial showing that a constitutional right had been denied. The court also certified that any appeal would not be taken in good faith, directed the clerk to terminate the two motions, and closed the related civil case.