Brown

United States v. Brown

Good Law
215 F. App'x 687
United States Court of Appeals for the Ninth CircuitDecember 27, 2006Nos. 06-30248, 06-30249California218 words

Opinion

Lead Opinion

MEMORANDUM **

Brian Keith Brown, Jr. appeals from the 135-month sentence imposed following his guilty-plea conviction for distribution of cocaine base in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(A), and from the 60-month sentence imposed following his guilty-plea conviction for possession of firearms in furtherance of drug trafficking in violation of 18 U.S.C. § 924 (c)(1)(A)(i). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Brown, an African-American, contends that his sentence is unreasonable because the district court judge failed to consider the racially disparate sentencing impact between cocaine base (“crack”) and cocaine powder. We reject Brown’s contention.

A review of the record demonstrates that Brown’s sentence was reasonable. Even though the district court judge did not consider the disparate impact that crack cocaine sentences have on the African-American community, he conducted a thorough analysis of the sentencing factors listed under 18 U.S.C. § 3553 (a), as is required, before sentencing Brown to the low end of the Guidelines range. See United States v. Plouffe, 445 F.3d 1126, 1128 (9th Cir.), cert, denied, — U.S.-, 126 S.Ct. 2314 ,…

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