United States v. Marquis Brown

Good Law
42 F.4th 1142
United States Court of Appeals for the Ninth CircuitAugust 2, 202220-50313California2,506 words

Opinion

Opinion

I. FACTUAL BACKGROUND

Brown was arrested on December 8, 2019, when he was caught driving into the United States from Mexico smuggling roughly 30.38 kilograms (67 pounds) of methamphetamine, a Schedule II Controlled Substance. Brown had his wife, and nine-year-old stepson in the car with him when he was arrested. 2 He ultimately pleaded guilty to one count of importing 500 grams or more of methamphetamine under 21 U.S.C. §§ 952 & 960. His plea agreement preserved the right for him to appeal if he received a sentence “above the greater of 71 months or the statutory mandatory minimum term, if applicable.” The Probation Department determined that Brown’s guidelines range was 108–135 months. However, the presentence report (“PSR”) conditionally recommended a sentence of 42 months, if Brown was safety valve eligible.

1 At sentencing the district court made reference to the fact that during his safety valve proffer, Brown admitted he had smuggled drugs on three prior occasions. 2 Brown’s wife was originally charged with Brown, but he informed law enforcement that she had no knowledge that he was smuggling drugs.

UNITED STATES V. BROWN

Brown provided a safety…

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