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U.S. v. BROWN

No. 03-3102.

516 F.3d 1047 (2008)

UNITED STATES of America, Appellee v. Melvin B. BROWN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 29, 2008.

Attorney(s) appearing for the Case

Beverly G. Dyer, Assistant Federal Public Defender, argued the cause for the appellant. A.J. Kramer, Federal Public Defender, was on brief. Neil H. Jaffee, Assistant Federal Public Defender, entered an appearance.

Allison L. Barlotta, Assistant United States Attorney, argued the cause for the appellee. Jeffrey A. Taylor, United States Attorney, and Roy W. McLeese III, Mary B. McCord, Sarah T. Chasson and Ellen C. Epstein, Assistant United States Attorneys, were on brief.

Before: HENDERSON and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

A jury found appellant Melvin B. Brown (Brown) guilty of unlawful possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). Brown was sentenced to 96 months' imprisonment and three years' supervised release. Brown now appeals his sentence on the grounds that the district court erred when it relied on Brown's acquitted conduct in imposing...

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