United States Seventh Circuit

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US v. Brown, 09-1028

In a conviction of defendant for distributing more than five grams of crack cocaine, district court's imposition of a 120-month mandatory minimum sentence, despite the fact that defendant's two previous convictions for aggravated assault qualified him as a career offender for purposes of section 4B1.1, is vacated and remanded as the district court failed to articulate the necessary justification for such a sizable departure from the guidelines.

Appellate Information

  • Argued 10/29/2009
  • Decided 06/22/2010
  • Published 06/22/2010

Judges

  • WOOD, Circuit Judge., Before FLAUM, MANION, and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Linda L. Mullen, Attorney, Office of the United States Attorney, Rock Island, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Karl W. Bryning, Attorney, Johanna M. Christiansen, Attorney, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellee.