UNITED STATES v. BROWN

No. 21-7752.

78 F.4th 122 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Kelvin BROWN, a/k/a Doom, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 16, 2023.


Attorney(s) appearing for the Case

ARGUED: Brandon J. Brown , GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Joseph Attias , OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee. ON BRIEF: Erica Hashimoto , Director, Tiffany Yang , Supervising Attorney, Lyric Elizabeth Perot , Student Counsel, Jennifer Simon , Student Counsel, Appellate Litigation Program, GEORGETOWN UNIVERSITY LAW CENTER, Washington, D.C., for Appellant. Jessica D. Aber , United States Attorney, Richmond, Virginia, Grace Bowen , Special Assistant United States Attorney, Peter G. Osyf , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee.

Reversed and remanded with instructions by published opinion. Judge Gregory wrote the opinion, in which Judge Thacker joined. Judge Quattlebaum wrote a dissenting opinion.


On July 30, 2014, a jury convicted Kelvin Brown on seven counts, including two counts of possessing a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c). At the time of Brown's sentencing, his two § 924(c) convictions carried a five-and twenty-five-year mandatory minimum sentence...

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