Judge Raymond J. Dearie
Under agreement, Alshalabi pleaded guilty in 2005 to conspiring to distribute and possess with intent to distribute MDMA, also know as ecstacy. He agreed not to challenge conviction or sentence of 121 months or less. At sentencing, the court denied his motion to withdraw his guilty plea. Sentence of 72 months in prison reflected his minor role in the conspiracy and was at the low end of the sentencing guidelines range of 70 to 87 months. Affirming conviction, the Second Circuit found Alshalabi’s innocence claim belied by his record statements as to guilt. District court denied his 28 USC §2255 motion seeking a sentence reduction of between 24 and 36 months on the basis of purported disparities between his sentence and those imposed on co-conspirators prosecuted in federal district court in Kentucky. Even if Alshalabi’s challenge to the custodial portion of his sentence had not been mooted by his release from prison, his plea agreement’s waiver of post-conviction rights barred the relief sought. Also, the court noted that Alshalabi’s disparate sentencing claim was not cognizable under §2255 because it did not satisfy the standards articulated by the Second Circuit’s 2000 ruling in Cuoco v. United States.
