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U.S. v. BROWN

No. 02-6407.

371 F.3d 854 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Chalmers BROWN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 10, 2004.

Attorney(s) appearing for the Case

David N. Pritchard (argued), Assistant United States Attorney, John T. Tibbetts (briefed), Memphis, TN, for Appellee.

Stephen B. Shankman (argued and briefed), April R. Goode (briefed), Office of The Federal Public Defender for The Western District of Tennessee, Memphis, TN, for Appellant.

Before NELSON, GILMAN, and ROGERS, Circuit Judges.

OPINION

DAVID A. NELSON, Circuit Judge.

Under the federal sentencing guidelines, a criminal defendant may be given a prison sentence exceeding the range prescribed in the guidelines manual's sentencing table if the criminal history category to which the defendant has been assigned does not adequately reflect his past conduct or the likelihood that he will commit additional crimes. See the Sentencing Commission's Policy Statement at U.S.S.G. § 4A1.3...

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