USA V. MARQUIS BROWN, No. 20-50313 (9th Cir. 2022)
Annotate this Case
Defendant contended that the district court committed a procedural error because it improperly enhanced his sentence in violation of the First Step Act of 2018. Despite the district court imposing a sentence that is below his guidelines range, Defendant argued that the court ran afoul of this proscription when it relied on information from his safety valve proffer to deny him a further sentence reduction.
The Ninth Circuit affirmed a sentence imposed following Defendant’s guilty plea to importing methamphetamine under 21 U.S.C. Sections 952 & 960. The court held that the district court did not impose an improper sentence “enhancement” of a sentence under 18 U.S.C. Section 3553(f)(5). The court wrote that the district court’s imposition of a sentence not just below the mandatory minimum, but also below the low end of Defendant’s guidelines range, after considering a host of aggravating mitigating factors, does not constitute an enhancement; and that the failure to reduce a sentence is not an enhancement. The court also held that the sentence is substantively reasonable, rejecting Defendant’s arguments concerning a disparity with similarly situated offenders and the district court’s application and weighing of the 18 U.S.C. Section 3553(a) factors.
Court Description: Criminal Law. The panel affirmed a sentence imposed following Marquis Brown’s guilty plea to importing methamphetamine under 21 U.S.C. §§ 952 & 960. Brown contended that the district court committed a procedural error because it improperly enhanced his sentence in violation of the First Step Act of 2018. The First Step Act, which in part amended 18 U.S.C. § 3553(f), proscribes, inter alia, district court judges from using information disclosed by a defendant in a safety valve proffer to enhance a sentence unless the information relates to a violent offense. Despite the district court imposing a sentence that is below his guidelines range, Brown argued that the court ran afoul of this proscription when it relied on information from his safety valve proffer to deny him a further sentence reduction. The panel held that the district court did not impose an improper sentence “enhancement” of a sentence under 18 U.S.C. § 3553(f)(5). The panel wrote that the district court’s imposition of a sentence not just below the mandatory minimum, but also below the low end of Brown’s guidelines range, after considering a host of aggravating mitigating factors, does not constitute an enhancement; and that the failure to reduce a sentence is not an enhancement. UNITED STATES V. BROWN 3 The panel also held that the sentence is substantively reasonable, rejecting Brown’s arguments concerning a disparity with similarly situated offenders and the district court’s application and weighing of the 18 U.S.C. § 3553(a) factors.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.