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  • United States v. Leonard Christopher Brown, 4th Cir. (2011)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Leonard Brown's appeal of his 72-month prison sentence for possession of a firearm by a convicted felon. The court dismissed Brown's appeal, finding that the district court had properly recognized its authority to depart downward from the sentencing guidelines based on diminished capacity but declined to do so in this case. As the district court understood its ability to depart but chose not to, the appeals court had no authority to review the denial of Brown's downward departure request.

    Original Description:

    Filed: 2011-12-23 Precedential Status: Non-Precedential Docket: 11-4469

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Leonard Brown's appeal of his 72-month prison sentence for possession of a firearm by a convicted felon. The court dismissed Brown's appeal, finding that the district court had properly recognized its authority to depart downward from the sentencing guidelines based on diminished capacity but declined to do so in this case. As the district court understood its ability to depart but chose not to, the appeals court had no authority to review the denial of Brown's downward departure request.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    4 views3 pages

    United States v. Leonard Christopher Brown, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding defendant Leonard Brown's appeal of his 72-month prison sentence for possession of a firearm by a convicted felon. The court dismissed Brown's appeal, finding that the district court had properly recognized its authority to depart downward from the sentencing guidelines based on diminished capacity but declined to do so in this case. As the district court understood its ability to depart but chose not to, the appeals court had no authority to review the denial of Brown's downward departure request.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-4469

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    LEONARD CHRISTOPHER BROWN,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston. David C. Norton, Chief District
    Judge. (2:08-cr-00424-DCN-1)

    Submitted:

    November 28, 2011

    Decided:

    December 23, 2011

    Before WILKINSON, KING, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Jeremy A. Thompson, LAW OFFICE OF JEREMY A. THOMPSON, LLC,


    Columbia, South Carolina, for Appellant.
    William N. Nettles,
    United States Attorney, Sean Kittrell, Assistant United States
    Attorney, Charleston, South Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Leonard Christopher Brown entered a plea, pursuant to
    North Carolina v. Alford, 400 U.S. 25 (1970), to possession of a
    firearm and ammunition by a convicted felon, in violation of 18
    U.S.C. 922(g)(1), 924(a)(2), 924(e) (2006).
    sentence of seventy-two months imprisonment.
    sentence,

    contending

    that

    the

    district

    He received a

    Brown appeals his


    court

    abused

    its

    discretion when it denied his request for a downward departure


    under U.S. Sentencing Guidelines Manual 5K2.13 (2010) based on
    his diminished capacity.

    For the reasons explained below, we

    dismiss the appeal.


    The
    downward

    if

    district
    (1)

    the

    court

    has

    defendant

    the

    discretion

    committed

    the

    to

    offense

    depart
    while

    suffering from a significantly reduced mental capacity; and (2)


    the

    significantly

    reduced

    mental

    capacity

    substantially to the commission of the offense.

    contributed
    USSG 5K2.13.

    However, [w]e lack the authority to review a sentencing courts


    denial

    of

    downward

    departure

    unless

    the

    court

    failed

    to

    understand its authority to do so.

    United States v. Brewer,

    520 F.3d 367, 371 (4th Cir. 2008).

    Our review of the record

    discloses that the district court did not fail to recognize its
    authority to depart.

    Thus, Browns claim is not reviewable on

    appeal.

    We therefore dismiss the appeal.


    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    We dispense with

    legal
    before

    contentions
    the

    court

    are
    and

    argument would not aid the decisional process.


    DISMISSED

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