# United States v. Brown

> Court of Appeals for the Third Circuit · February 21, 2008 · 266 F. App'x 153

URL: https://www.frixlaw.com/law-library/cases/8627254

## Case

- **Full name:** United States v. Milton BROWN
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** February 21, 2008
- **Citations:** 266 F. App'x 153
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Aldisert, Ambro, McKee
- **Cited by:** 0 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/8627254

## Opinion text

*154 OPINION
PER CURIAM.
On appeal, Milton Brown challenges an enhancement of his sentence based on facts that were neither admitted by him nor found beyond a reasonable doubt. He admits that the issue he raises — whether the District Court erred in failing to apply the proof beyond a reasonable doubt standard in determining the enhancement— was decided adversely to him in United States v. Grier, 475 F.3d 556 (3d Cir.2007) (en banc). Although the issue has been decided by us, Brown seeks to preserve the issue in anticipation of review by the Supreme Court.
This panel does not have the authority to disturb the holding of an en banc decision of this Court. Accordingly, the judgment of the District Court will be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8627254. Public record. Not legal advice.