United States v. Darrin E. Malley

In this appeal, we must determine whether Application Note 6 of § 5C1.1 of the United States Sentencing Guidelines (“Note 6”) provides independent authority for the district court to depart downward from the applicable guideline sentencing range. We think not.

FACTUAL BACKGROUND

Malley pled guilty to three counts involving transporting, receiving and possessing child pornography, and agreed to a fourth count for the forfeiture of his computer. Malley’s total offense level was 25, with a criminal history of category I, resulting in a sentencing range of 57 to 71 months. This combination of offense level and criminal history corresponded to Zone D on the Sentencing Table. At his sentencing hearing, Malley argued for a downward departure under section 5C1.1 of the Sentencing Guidelines, Application Note 6. Note 6 provides:

U.S.S.G. § 5C1.1, cmt. n. 6. The district court denied the requested departure on the basis that Note 6 did not bestow “legal authority to make a downward departure in the offense level.”

The district court sentenced Malley to a term of thirty-six months in prison, followed by supervised release for a period of three years. The court specifically requested that…