Opinion

United States v. Brown

Court
Court of Appeals for the Fifth Circuit
Filed
Jul 28, 2022
Status
Unpublished
Nature of suit
Direct Criminal
Cited by
0 cases
Authority
More cited than 24.2%

The opinion

Case: 22-30062 Document: 00516410713 Page: 1 Date Filed: 07/28/2022

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

Fifth Circuit

FILED

No. 22-30062 July 28, 2022

Lyle W. Cayce

Clerk

United States of America,

Plaintiff—Appellee,

versus

Quinterrius D. Brown,

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 5:21-CR-159-1

Before King, Higginson, and Willett, Circuit Judges.

Per Curiam:*

Quinterrius D. Brown pleaded guilty to illegally receiving a firearm

while under indictment, a violation of 18 U.S.C. § 922(n). The district court

sentenced Brown to 24 months in prison, an upward variance from the

Guidelines’ imprisonment range of 12–18 months. On appeal, Brown makes

two arguments: (1) that his sentence was procedurally unreasonable because

*

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opinion should not be published and is not precedent except under the limited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: 22-30062 Document: 00516410713 Page: 2 Date Filed: 07/28/2022

No. 22-30062

it was primarily based on pending charges listed in his presentence report

(PSR) that bore insufficient indicia of reliability; and (2) that the sentence

was substantively unreasonable because the upward variance gave too much

weight to his pending charges and too little weight to other sentencing

factors.

Because Brown raised his procedural-error claim below, we review the

challenge to the procedural reasonableness of his sentence de novo and the

district court’s factual findings for clear error. United States v. Fields, 932

F.3d 316, 320 (5th Cir. 2019). We review Brown’s substantive-

reasonableness claim, which was properly preserved, for abuse of discretion.

See United States v. Zarco-Beiza, 24 F.4th 477, 480-81 (5th Cir. 2022).

Here, the PSR provided a factual recitation of Brown’s conduct that

resulted in various pending criminal charges. The facts, drawn from police

offense reports, provided the victims’ identities, a description of an

attempted first-degree murder (in connection with a drive-by shooting), the

location of the second-degree murder (committed while awaiting prosecution

on the first-degree murder charge), a description of how the victim was killed,

and the witnesses’ identification of Brown as the individual who shot the

victim. Such factual underpinnings provided sufficient indicia of reliability

for the district court to have relied on these pending charges during

sentencing on the federal firearms charge. See United States v. Fuentes, 775

F.3d 213, 220 (5th Cir. 2014) (per curiam). Because Brown offered no

testimony or other evidence to rebut the PSR information, the district court

could freely adopt the PSR’s findings without further inquiry. See id.

Accordingly, the district court did not commit procedural error by

considering the pending charges at sentencing. See id.

As for the substantive-reasonableness claim, the district court stated

that it applied the variance in light of Brown’s criminal history and charges,

2

Case: 22-30062 Document: 00516410713 Page: 3 Date Filed: 07/28/2022

No. 22-30062

his personal characteristics, information in a letter from Brown to the district

court about his reason for obtaining the firearm, and his involvement in the

instant firearms offense. These are appropriate considerations under 18

U.S.C. § 3553(a), which provides that in sentencing, the district court shall

consider “the nature and circumstances of the offense and the history and

characteristics of the defendant.” § 3553(a)(1). Insofar as Brown argues that

the district court gave more weight to the pending charges than to the other

§ 3553(a) factors, he is requesting that we reweigh § 3553(a), which is outside

the scope of our review. See United States v. Fraga, 704 F.3d 432, 439-40 (5th

Cir. 2013). The district court’s decision to give Brown’s mitigating

circumstances less weight than his criminal history was not an abuse of

discretion. See id. at 440-41.

The district court’s judgment is AFFIRMED.

3

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.