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UNITED STATES v. BREVARD

No. 20-3011.

18 F.4th 722 (2021)

UNITED STATES of America, Appellee v. Kelvin BREVARD, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 3, 2021.

Attorney(s) appearing for the Case

Tony Axam Jr. , Assistant Federal Public Defender, argued the cause for appellant. With him on the briefs was A.J. Kramer , Federal Public Defender.

David B. Goodhand , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Elizabeth Trosman , Assistant U.S. Attorney at the time the brief was filed, and John P. Mannarino , Assistant U.S. Attorney.

Before: ROGERS, MILLETT and PILLARD, Circuit Judges.

In sentencing appellant Kelvin Brevard to 30 months' imprisonment for escape in violation of 18 U.S.C. § 751(a), the district court departed upward, pursuant to Sentencing Guidelines § 5K2.21, based on uncharged conduct in violation of the D.C. Criminal Code allegedly committed while Brevard was on escape status...

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