US v. Kevin Brown
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cr-00423-CCE-1. Copies to all parties and the district court. .. [16-4296]
Pg: 1 of 4
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
KEVIN EUGENE BROWN,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:14-cr-00423-CCE-1)
February 23, 2017
February 27, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Affirmed by unpublished per curiam opinion.
Lynne Louise Reid, L.L. REID LAW, Chapel Hill, North Carolina,
for Appellant. Kyle David Pousson, OFFICE OF THE UNITED STATES
ATTORNEY, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 4
sentence after pleading guilty to distribution of cocaine base,
meritorious issues for appeal but questioning whether Brown’s
sentence is procedurally and substantively reasonable.
has filed a pro se brief challenging his designation as a career
Gall v. United States, 552 U.S. 38, 41
We must ensure that the district court committed no
significant procedural error, such as improperly calculating the
procedural error, we then consider the sentence’s substantive
including the extent of any variance from the Guidelines range.”
We presume that a sentence below a properly calculated
Guidelines range is reasonable.
United States v. Louthian, 756
F.3d 295, 306 (4th Cir. 2014).
A defendant can rebut this
presumption only “by showing that the sentence is unreasonable
when measured against the 18 U.S.C. § 3553(a) factors.”
Pg: 3 of 4
The district court
procedurally and substantively reasonable.
We discern no error in the district court’s
application of the career offender enhancement, as Brown had the
requisite number of prior convictions for controlled substance
Finally, Brown has not made the showing necessary to
record in this case and have found no meritorious issues for
This court requires that counsel inform Brown, in writing, of
the right to petition the Supreme Court of the United States for
If Brown requests that a petition be filed, but
counsel believes that such a petition would be frivolous, then
Counsel’s motion must state that a copy thereof
was served on Brown.
Pg: 4 of 4
We dispense with oral argument because the facts and legal
this court and argument would not aid the decisional process.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?