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United States v. Brown

United States Court of Appeals, Fourth Circuit

November 29, 2018

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
ANDREATTI DEJOHN BROWN, Defendant-Appellant.

          Argued: September 25, 2018

          Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Raymond A. Jackson, District Judge. (4:17-cr-00056-RAJ-RJK-1)

         ARGUED:

          Patrick L. Bryant, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant.

          Christopher John Catizone, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

         ON BRIEF:

          Geremy C. Kamens, Federal Public Defender, Alexandria, Virginia, Andrew W. Grindrod, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Norfolk, Virginia, for Appellant.

          Tracy Doherty-McCormick, Acting United States Attorney, Alexandria, Virginia, Megan M. Cowles, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee.

          Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

          DIAZ, Circuit Judge

         Andreatti Dejohn Brown was sentenced in the U.S. District Court for the Eastern District of Virginia following his guilty plea for possession of a firearm by a convicted felon. On appeal, Brown contends that the district court erred in calculating his criminal history category. The district court added two points to Brown's criminal history score based on a prior Virginia state conviction for which Brown received a suspended sentence conditioned upon good behavior. For the reasons that follow, we affirm.

         I.

         A.

         Around 2:00 a.m. on February 28, 2017, a Newport News police officer pulled over Brown's car for a traffic violation. The officer smelled alcohol and observed that Brown had slurred speech and glassy eyes. After additional officers arrived, the officers administered field sobriety tests and a preliminary breath test. The breath test measured a ...


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