Opinion

United States v. Brown

Court
Court of Appeals for the Fifth Circuit
Filed
Jun 30, 2022
Status
Unpublished
Nature of suit
Direct Criminal
Cited by
0 cases
Authority
More cited than 11.4%

The opinion

Case: 21-51056 Document: 00516377512 Page: 1 Date Filed: 06/30/2022

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

Fifth Circuit

FILED

No. 21-51056 June 30, 2022

Summary Calendar Lyle W. Cayce

Clerk

United States of America,

Plaintiff—Appellee,

versus

Jonita Desirrae Brown,

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:07-CR-41-4

Before Wiener, Dennis, and Haynes, Circuit Judges.

Per Curiam:*

In 2007, Jonita Desirrae Brown pleaded guilty to possessing with

intent to distribute 50 grams or more of cocaine base within 1,000 feet of an

elementary school and playground, and the district court sentenced her to

135 months of imprisonment and 10 years of supervised release. In 2014, the

*

Pursuant to 5th Circuit Rule 47.5, the court has determined that this

opinion should not be published and is not precedent except under the limited

circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 21-51056 Document: 00516377512 Page: 2 Date Filed: 06/30/2022

No. 21-51056

district court reduced Brown’s term of imprisonment to 120 months under

18 U.S.C. § 3582(c)(2). In August 2021, Brown’s probation officer

petitioned the district court to revoke her supervised release, alleging that

Brown violated her conditions of supervised release by committing a new law

violation and by using alcohol and drugs. The district court revoked

supervised release and sentenced Brown to an above-guidelines maximum

sentence of 60 months of imprisonment; it did not order a further term of

supervised release.

Brown appeals, arguing that her revocation sentence is plainly

unreasonable because the district court failed to articulate any fact-specific

reasons for imposing the maximum sentence. Sentences imposed upon

revocation of supervised release are reviewed under the plainly unreasonable

standard. United States v. Miller, 634 F.3d 841, 843 (5th Cir. 2011). In

conducting this review, we follow many of the same considerations that are

employed in the review of original sentences but provide more deference to

revocation sentences than to original sentences. See id. at 843-44.

Here, the district court adequately explained its chosen sentence, see

Rita v. United States, 551 U.S. 338, 356 (2007), and there is no indication in

the record that a more thorough explanation would have resulted in a

different sentence, see United States v. Mondragon-Santiago, 564 F.3d 357,

361-64 (5th Cir. 2009). Further, the court relied on appropriate 18 U.S.C.

§ 3553(a) factors in determining that a 60-month sentence was warranted. It

addressed Brown’s history on supervised release, which included several

modifications to the conditions to account for Brown’s struggles with alcohol

and drug abuse, and concluded that the maximum sentence was appropriate

in light of Brown’s history and characteristics, her likelihood of recidivism,

the need to deter her from criminal conduct, and the duty to protect the

public from Brown’s crimes. See § 3553(a)(1), (a)(2)(B)-(D); § 3583(e)(3);

United States v. Warren, 720 F.3d 321, 332-33 (5th Cir. 2013). We have

2

Case: 21-51056 Document: 00516377512 Page: 3 Date Filed: 06/30/2022

No. 21-51056

routinely upheld revocation sentences exceeding the recommended

guidelines range, even where the sentence is the statutory maximum. See,

e.g., United States v. Kippers, 685 F.3d 491, 500-01 (5th Cir. 2012). The fact

that we “might reasonably have concluded that a different sentence was

appropriate is insufficient to justify reversal of the district court.” Warren,

720 F.3d at 332 (internal quotation marks and citation omitted).

Accordingly, the judgment of the district court is AFFIRMED.

3

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