United States v. Brown
20-30612
| 5th Cir. | Jun 14, 2021Background
- Christopher M. Brown was convicted of five drug-distribution counts, including conspiracy.
- Statutory ranges: conspiracy 10 years to life; other counts 5 to 40 years; Guidelines called for life, capped by statutory maxima.
- District court sentenced Brown to life on the conspiracy count and 40 years on each other count, all concurrent.
- Brown moved under §404 of the First Step Act for a sentence reduction and, pro se, moved for compassionate release under 18 U.S.C. §3582(c)(1)(A) based on COVID-19 and medical conditions.
- The district court denied the First Step Act motion and dismissed the compassionate-release motion for failure to exhaust administrative remedies.
- Brown also sought recusal of the district judge; the Fifth Circuit declined to consider that argument raised for the first time on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in denying a First Step Act sentence reduction | United States: district court properly weighed the factors and did not abuse its discretion | Brown: court failed properly to consider §3553(a) factors | No abuse of discretion; denial affirmed |
| Whether Brown properly invoked §3553(a) to challenge the denial | United States: district court’s implicit weighing is discretionary and correct | Brown: district court misweighed/failed to consider §3553(a) | Mere disagreement with weighing is insufficient to show abuse of discretion |
| Whether the compassionate-release motion should be dismissed for lack of exhaustion | United States: Brown failed to exhaust administrative remedies; dismissal proper | Brown: sought release for COVID-19/medical conditions but did not show exhaustion | Dismissal for failure to exhaust upheld; exhaustion is a mandatory claim-processing rule |
| Whether the appellate court should consider Brown’s recusal request raised for the first time on appeal | United States: (no separate argument) | Brown: requested recusal of district judge | Appellate court declined to consider recusal raised first on appeal |
Key Cases Cited
- United States v. Jackson, 945 F.3d 315 (5th Cir. 2019) (standard: abuse of discretion for First Step Act reductions)
- United States v. Chambliss, 948 F.3d 691 (5th Cir. 2020) (disagreement with district court’s §3553(a) weighing is not an abuse of discretion)
- United States v. Franco, 973 F.3d 465 (5th Cir. 2020) (administrative exhaustion for compassionate release is a mandatory claim-processing rule)
- Andrade v. Chojnacki, 338 F.3d 448 (5th Cir. 2003) (appellate courts generally decline to consider recusal raised first on appeal)
- United States v. Sanford, 157 F.3d 987 (5th Cir. 1998) (recusal principles for appellate consideration)
- Clay v. Allen, 242 F.3d 679 (5th Cir. 2001) (declining to consider recusal raised initially on appeal)