# United States v. Brown

> Court of Appeals for the Eighth Circuit · June 27, 2005 · 135 F. App'x 885

URL: https://www.frixlaw.com/law-library/cases/8434195

## Case

- **Full name:** United States v. Drewmaine BROWN
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** June 27, 2005
- **Citations:** 135 F. App'x 885
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8434195

## Opinion text

PER CURIAM.
The defendant in this case was sentenced prior to the United States Supreme Court decision in United States v. Booker, — U.S.-, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). At the time of sentencing, the defendant raised and preserved error as to the constitutionality of the federal sentencing guidelines. During the sentencing hearing, the district court stated that if the federal sentencing regime were to change after Booker , the defendant could file a motion asking the district court to reconsider his sentence. It then sentenced the defendant to the minimum possible sentence under the applicable sentencing guidelines. Accordingly, we cannot say that the error in this case was harmless. We therefore vacate and remand for re-sentencing pursuant to United States v. Booker, — U.S.-, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). See United States v. Haidley, 400 F.3d 642, 644-46 (8th Cir.2005).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8434195. Public record. Not legal advice.