Sentencing

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7^th Circuit Court of Appeals

Case Name: United States of America v. Franklin Brown

Case No.: 16-1216

Officials: BAUER, POSNER, and SYKES, Circuit Judges.

Focus: Sentencing

Appellant seeks reduction of sentence based on retroactive application of Amendment 782 to federal sentencing guidelines.

“The district court’s order is cursory but it did not commit reversible error in denying Brown’s motion. The court denied Brown’s motion because the amendment did not lower his offense level, noting that “there was evidence that more than 450 kilograms was part of his responsibility.” This statement—along with the court’s comment at sentencing that the very large quantities of cocaine warranted a higher base offense level than what was authorized under the guidelines—reflects the court’s determination that Brown was responsible for 450 kilograms or more of cocaine. While the district court could have expressed its drug quantity finding more clearly, remand is not necessary because the outcome of such proceedings would be clear and remand futile. See United States v. Hallahan, 756 F.3d 962, 971 (7th Cir. 2014); United States v. Purchess, 107 F.3d 1261, 1269 (7th Cir. 1997). As the government points out, the record confirms that Brown was responsible for 450 kilograms: witnesses testified to delivering thousands of kilograms of cocaine and receiving millions of dollars as payments. Brown, 726 F.3d at 996”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.