U.S. Court of Appeals for the Eighth Circuit, 2007

United States v. Eric Brown

United States v. Eric Brown
U.S. Court of Appeals for the Eighth Circuit · Decided December 3, 2007 · Murphy, Smith, Shepherd
256 F. App'x 849

United States v. Eric Brown

Opinion

PER CURIAM.

Eric Brown appeals the 46-month prison sentence imposed by the district court 1 upon revocation of his supervised release. For reversal, Brown argues that his sentence is unreasonable, because the advisory Guidelines revocation range of 46-57 months determined by the district court was calculated based on Brown’s commission of a Grade A violation, whereas his underlying conduct—possession of 45 grams of methamphetamine—did not constitute a Grade A violation.

We disagree. Under Minnesota law, Brown’s possession of 45 grams of methamphetamine subjected him to imprisonment for up to 30 years, see Minn.Stat. § 152.021, subdivs. 2(1) & 3(a), and the Guidelines provide, in relevant part, that a Grade A violation includes “any other federal, state, or local offense that is punishable by a term of imprisonment exceeding twenty years,” see U.S.S.G. § 7Bl.l(a)(l)(B).

Accordingly, the judgment is affirmed.

1

. The Honorable David S. Doty, United States District Judge for the District of Minnesota.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.