Opinion

United States v. Brown

Court
Court of Appeals for the Fifth Circuit
Filed
Jul 21, 2022
Status
Unpublished
Nature of suit
Direct Criminal
Cited by
0 cases
Authority
More cited than 15.4%

The opinion

Case: 21-51025 Document: 00516402006 Page: 1 Date Filed: 07/21/2022

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

Fifth Circuit

FILED

July 21, 2022

No. 21-51025 Lyle W. Cayce

Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Fredrick Brown,

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:19-CR-524-2

Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam:*

Fredrick Brown pleaded guilty to conspiracy to commit wire fraud and

conspiracy to commit money laundering. He now appeals, challenging the

district court’s $2,331,639 restitution order, arguing that it exceeds the

statutorily authorized amount. Such a challenge is not barred by Brown’s

*

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opinion should not be published and is not precedent except under the limited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: 21-51025 Document: 00516402006 Page: 2 Date Filed: 07/21/2022

No. 21-51025

appeal waiver. See United States v. Kim, 988 F.3d 803, 811 (5th Cir.), cert.

denied, 142 S. Ct. 225 (2021).

The Mandatory Victims Restitution Act of 1996 (MVRA) limits the

amount of restitution to the losses resulting directly and proximately from

the offense of conviction. See 18 U.S.C. § 3663A(a)(2). Brown argues that

the Government did not satisfy its burden to prove the amount of loss

proximately caused to the victims of the offense as required by the MVRA,

resulting in an illegal sentence. See 18 U.S.C. § 3664(e); Kim, 988 F.3d at

811.

The “Restitution Reference Sheet” incorporated by reference into

the revised presentence report (PSR) outlined the amount of pecuniary loss

suffered by specific victims as a result of Brown’s offense, and the total

amount of those losses corresponds precisely to the district court’s total

restitution award. That information is considered reliable, see United States

v. Harris, 702 F.3d 226, 230 (5th Cir. 2012), and the Government cited it in

support of the restitution amount at sentencing. Brown presented no

argument or evidence to rebut the reliability or accuracy of the PSR facts

relating to restitution, and the district court was free to adopt them. See

United States v. Dickerson, 909 F.3d 118, 129-30 (5th Cir. 2018); Harris, 702

F.3d at 230. In light of the foregoing, the restitution award did not illegally

exceed the amount authorized under the MVRA, see § 3663A(a)(2); United

States v. Sharma, 703 F.3d 318, 322-23 (5th Cir. 2012), and the judgment of

the district court is AFFIRMED.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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