Brown v. People
2012 V.I. Supreme LEXIS 45
Supreme Court of The Virgin Is...2012Background
- Brown appealed the March 10, 2011 Judgment and Commitment sentencing him to ten years for voluntary manslaughter after a guilty plea.
- Jacobs pled guilty to voluntary manslaughter in exchange for testimony and received a seven-and-a-half-year sentence; Brown and Jacobs were charged with related offenses arising from Halliday’s death.
- Jacobs testified Brown stabbed Halliday per the People’s theory that Brown aided and abetted by providing the knife; other witnesses contradicted Jacobs’ account.
- On remand Brown entered a plea as an aider and abettor to voluntary manslaughter; the sentencing court imposed the maximum ten-year sentence without a stated reason for the disparity with Jacobs.
- Brown preserved an appellate challenge to the sentencing disparity, but the court ultimately applied plain error review and affirmed the judgment despite finding error in the lack of explanation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentencing disparity between Brown and Jacobs was properly explained on the record | Brown argues no adequate on-record explanation for the disparity. | People contend the record supports the disparity and error was not preserved. | No reversible plain error; disparity not shown to affect substantial rights or fairness. |
Key Cases Cited
- Walker v. Gov't of the Virgin Islands, 261 F.3d 370 (3d Cir. 2001) (premised disparity for exercising rights can warrant resentencing under Walker)
- Cirilo-Munoz v. United States, 504 F.3d 106 (1st Cir. 2007) (co-defendant disparity may be reasonable where other factors apply)
- Peters, 512 F.3d 787 (6th Cir. 2008) (remand for explanation when necessary to review sentencing)
- Miranda, 505 F.3d 785 (7th Cir. 2007) (remand where record lacks explanation for sentence)
- Davis, 437 F.3d 989 (10th Cir. 2006) (explains need for justification of disparity across co-defendants)
- Salaz v. Gov't of VI, 49 V.I 546 (D.V.I. App. Div. 2007) (trial court may be impliedly justified by record factors in sentencing)
- Gov't of the Virgin Islands v. Martinez, 42 V.I. 146 (D.V.I. App. Div. 1999) (sentence within statutory limits presumes validity absent improper procedure)