Opinions of the United 2008 Decisions States Court of Appeals for the Third Circuit

2-21-2008 USA v. Brown Precedential or Non-Precedential: Non-Precedential Docket No. 07-1224

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2008 Recommended Citation "USA v. Brown" (2008). 2008 Decisions. Paper 1551. http://digitalcommons.law.villanova.edu/thirdcircuit_2008/1551

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NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 07-1224

UNITED STATES OF AMERICA v. MILTON BROWN, Appellant _____________ Appeal from a Final Judgment of the United States District Court for the District of New Jersey (D.N.J. Criminal No. 06-cr-00350) District Judge: Honorable William J. Martini ____________ Submitted Under Third Circuit L.A.R. 34.1(a) on February 8, 2008 ____________ Before: McKEE, AMBRO and ALDISERT, Circuit Judges (Filed February 21, 2008)

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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