Filed: Aug. 17, 2006
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED _ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 06-10534 AUGUST 17, 2006 Non-Argument Calendar THOMAS K. KAHN CLERK _ D. C. Docket No. 03-00022-CR-JTC-3 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DARRELL KIMSEY BROWN, Defendant-Appellant. _ Appeal from the United States District Court for the Northern District of Georgia _ (August 17, 2006) Before BLACK, BARKETT and PRYOR, Circuit Judges. PER CURIAM: Dar
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED _ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 06-10534 AUGUST 17, 2006 Non-Argument Calendar THOMAS K. KAHN CLERK _ D. C. Docket No. 03-00022-CR-JTC-3 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DARRELL KIMSEY BROWN, Defendant-Appellant. _ Appeal from the United States District Court for the Northern District of Georgia _ (August 17, 2006) Before BLACK, BARKETT and PRYOR, Circuit Judges. PER CURIAM: Darr..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 06-10534 AUGUST 17, 2006
Non-Argument Calendar THOMAS K. KAHN
CLERK
________________________
D. C. Docket No. 03-00022-CR-JTC-3
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DARRELL KIMSEY BROWN,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(August 17, 2006)
Before BLACK, BARKETT and PRYOR, Circuit Judges.
PER CURIAM:
Darrell Kimsey Brown appeals his sentence of 195 months of imprisonment
for conviction of three drug and firearm offenses. Brown argues that his sentence
for two of the offenses is unreasonable because the district court did not properly
account for the statutory sentencing factors. 18 U.S.C. § 3553(a). We affirm.
Brown pleaded guilty to possession with intent to distribute
methamphetamine, 21 U.S.C. § 841(a)(1), possession of a firearm by a convicted
felon, 18 U.S.C. § 922(g), and discharge of a firearm during a drug trafficking
crime,
id. 924(c). The presentence investigation report calculated a sentencing
range under the Sentencing Guidelines of 84 to 105 months of imprisonment for
counts one and two and a statutory mandatory minimum of 120 months of
imprisonment for count three. Brown objected to several of the upward departures
recommended by the report. The district court sustained two of the objections,
which lowered the recommended range to 63 to 78 months of imprisonment for
counts one and two.
Brown argued that he should be sentenced at the low end of the range
because of his history of substance abuse and need for treatment. The government
replied that Brown’s offense was serious and dangerous, his recidivism was
increasing, he had failed to attend available drug counseling, and that there was a
need for deterrence and to protect the public from Brown. The district court
sentenced Brown to 75 months of imprisonment for counts one and two and 120
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months of imprisonment for count three, to be served consecutively.
We review a sentence imposed by the district court for reasonableness.
United States v. Talley,
431 F.3d 784, 785 (11th Cir. 2005). Our “[r]eview for
reasonableness is deferential.”
Id. at 788. Brown bears the burden of establishing
that his sentence is unreasonable in the light of the record and the sentencing
factors in section 3553(a).
Id. “[O]rdinarily we would expect a sentence within
the guidelines range to be reasonable.”
Id.
Brown argues that the sentence imposed by the district court for counts one
and two was unreasonable because Brown accepted responsibility for his conduct,
has a history of substance abuse that requires treatment, and did not have a history
of violent behavior before the events at issue. Brown’s arguments fail. The district
court stated that it had considered Brown’s arguments and the factors listed in
section 3553(a).
Id. at 786; United States v. Scott,
426 F.3d 1324, 1329 (11th Cir.
2005). The district court explained that Brown’s crimes were dangerous and that
“all of the appropriate factors were considered by the Guideline determinations.”
Nothing in the record suggests that a 75-month sentence for counts one and two is
unreasonable.
Brown’s sentence is
AFFIRMED.
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