Professional Documents
Culture Documents
No. 06-4940
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, District Judge.
(4:05-cr-00770-TLW)
Submitted:
Decided:
PER CURIAM:
Thomas Montril Brown appeals his convictions and 1680month sentence for carjacking, in violation of 18 U.S.C. 2119(1)
(2000), robbery, in violation of 18 U.S.C. 1951(a) (2000),
kidnapping, in violation of 18 U.S.C. 1201 (2000), and related
firearm offenses, in violation of 18 U.S.C. 922(g) (2000), and 18
U.S.C.
accordance
924(c)
with
(2000).
Anders
Browns
v.
attorney
California,
filed
U.S.
739
386
brief
in
(1967),
the March 18 and March 21, 2005 crimes; however, all witnesses
testified as to Browns involvement on those days. The jury simply
found that Browns denial of involvement was incredible and the
other witnesses were credible.
Brown
- 2 -
to
Browns
assertions,
the
district
court
properly
However, in
United States v.
Moreland, 437 F.3d 424, 432 (4th Cir.), cert. denied, 126 S. Ct.
2054 (2006).
within
the
proper
advisory
Guidelines
range
[A]
is
- 3 -
two
levels
obstructed
pursuant
justice
to
by
USSG
testifying
2B3.1(b)(3)(A)
falsely
at
because
trial
as
Brown
to
his
Browns
The district
The
Brown
contends
that
he
should
not
have
been
The
defendant
to
testified
that
he
stole
- 4 -
minivan
enable
his
the
conduct
committed
in
Counts
and
2.
Thus,
it
was
reasonable for the court to find that Brown aided and abetted in
the discharge of a firearm.
The court sentenced Brown after considering and examining
the sentencing guidelines and the 3553(a) factors, as instructed
by
Booker.
appropriate
Browns
guideline
sentence
range
for
and
each
within
count
the
was
within
confines
of
the
the
- 5 -
but
counsel
believes
that
such
petition
would
be
AFFIRMED
- 6 -