Argued: September 25, 2018
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)
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.
C. Kamens, Federal Public Defender, Alexandria, Virginia,
Andrew W. Grindrod, Assistant Federal Public Defender, OFFICE
OF THE FEDERAL PUBLIC DEFENDER, Norfolk, Virginia, for
Doherty-McCormick, Acting United States Attorney, Alexandria,
Virginia, Megan M. Cowles, Assistant United States Attorney,
OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia,
NIEMEYER, DIAZ, and FLOYD, Circuit Judges.
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.
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 ...