United States v. Brown, 526 F.3d 691 (11th Cir. 2009). · Go Syfert
Search
United States v. Brown, 526 F.3d 691 (11th Cir. 2009). Cases Citing This Book View Copy Cite
44 citation events (44 in the last 25 years) across 5 distinct courts.
Strongest positive: James Joseph Brown v. United States, 748 F.3d 1045 (11th Cir. 2014)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
How cited ↗
Cited for
526 F.3d at 704 Reviewing sentencing based on prior case holdings5 citing casesnoting that to obtain reversal of a conviction after a guilty plea on grounds that the district court committed plain error under Rule 11, the appellant must demonstrate a reasonable probability that, but for the error, he would not have entered the plea1 citing court put it this way
  • Brown v. United States, 688 F. App'x 644 (11th Cir. 2017).unpublished 3 cites
    United States v. Brown (Brown II), 329 Fed.Appx. 253, 254 (11th Cir. 2009).
  • United States v. Armando Antonio Castro, 736 F.3d 1308 (11th Cir. 2013).published 2 cites
    Davila, 133 S. Ct. at 2147 ; United States v. Brown, 526 F.3d 691, 704 (11th Cir. 2008), cert. granted and judgment vacated on a different ground, 129 S. Ct. 1668 (2009).
  • State v. Wright, 2008 S.D. 118, 759 N.W.2d 275.published
    (noting that to obtain reversal of a conviction after a guilty plea on grounds that the district court committed plain error under Rule 11, the appellant must demonstrate a reasonable probability that, but for the error,…)
  • Richard Allen Hill v. United States, 317 F. App'x 910 (11th Cir. 2009).unpublished
    (stating that the third “core concern” of Rule 11 is to ensure “that the defendant knows and understands the consequences of pleading guilty)
  • United States v. Yaima Gonzalez, 294 F. App'x 527 (11th Cir. 2008).unpublished
    See United States v. Brown, 526 F.3d 691, 704 (11th Cir.2008), petition for cert, filed, (no. 08-5564) (July 28, 2008).
526 F.3d at 713 Acknowledging § 3553(a) factors in sentencing4 citing cases[This Court] construe[s] statutory language as to avoid absurd results1 citing court put it this way
  • United States v. Irey, 612 F.3d 1160 (11th Cir. 2010).published 2 cites
    It is sufficient that the district court considers the defendant’s arguments at sentencing and states that it has taken the § 3553(a) factors into account.” (citation and quotation marks omitted)); United States v. Brown, 526 F.3d 691, 713…
  • United States v. William Irey, No. 08-10997 (11th Cir. July 29, 2010).published
    It is sufficient that the district court considers the defendant’s arguments at sentencing and states that it has taken the § 3553(a) factors into account.” (citation and quotation marks omitted)); United States v. Brown, 526 F.3d 691, 713…
  • United States v. Mynor Rolando Herrera Aguilar, 286 F. App'x 716 (11th Cir. 2008).unpublished 2 cites
    “In determining whether a sentence is substantively reasonable, this Court must consider the totality of the circumstances.” Williams, 526 F.3d at 1322 . “[I]n imposing a reasonable sentence, the district court need only acknowledge that i…
  • Josefina Olacirequi Sanchez v. United States, 318 F. App'x 801 (11th Cir. 2009).unpublished
    ([This Court] construe[s] statutory language as to avoid absurd results)
526 F.3d at 710 Admissibility of hearsay evidence with reliability indicia3 citing cases
  • United States v. Patrick Richard Smith, No. 17-11427 (11th Cir. Apr. 30, 2019).unpublished 6 cites
    But the government may offer “any information, including reliable hearsay, regardless of the information’s admissibility at trial, provided that there are sufficient indicia of reliability to support its probable accuracy as evidence of a…
  • Michael Rozier v. Sec'y, No. 17-12541 (11th Cir. May 14, 2019).unpublished
    See United States v. Brown, 526 F.3d 691, 710-12 (11th Cir. 2008), judgment vacated on other grounds, 556 U.S. 1150 (2009).
  • United States v. Terry Don Northcutt, 554 F. App'x 875 (11th Cir. 2014).unpublished 2 cites
    See United States v. Brown, 526 F.3d 691, 710-13 (11th Cir.2008), vacated on other grounds, 556 U.S. 1150 , 129 S.Ct. 1668 , — L.Ed.2d - (2009) (concluding that uncertified docket sheets downloaded from a court’s website were sufficient to…
526 F.3d at 707 Requirement for clear error on the record1 citing case
  • United States v. Oscar Ceron, 775 F.3d 222 (5th Cir. 2014).published
    See United States v. Montano, 505 Fed.Appx. 299, 300 (5th Cir.2013), ce rt. denied,, — U.S. -, 133 S.Ct. 2367 , 185 L.Ed.2d 1086 (2013) (evaluating plain error “on the limited record before the district court”); United States v. Troyer, 67…
526 F.3d at 708 Reviewing de novo constitutional challenges to sentence1 citing case
  • United States v. Curtis Lee Brasfield, 300 F. App'x 756 (11th Cir. 2008).unpublished
    A. Due Process and Fed.R.Crim.P. 32(i)(l)(C) “We review de novo constitutional challenges to a sentence, assuming they are properly preserved.” United States v. Brown, 526 F.3d 691, 708 (11th Cir.2008), petition for cert. filed, (U.S. No.…
526 F.3d at 706 cited at this page1 citing case
  • United States v. Jimmy Oliver, 281 F. App'x 898 (11th Cir. 2008).unpublished
    In United States v. Brown, 526 F.3d 691, 706 (11th Cir.2008), this court listed three factors that it would consider in determining the “relative significance of the Rule 11 error on the defendant’s plea decision: later protests by the def…
526 F.3d at 705 cited at this page1 citing case
  • United States v. William James Leach, 696 F. App'x 419 (11th Cir. 2017).unpublished
    See United States v. Brown, 526 F.3d 691, 705 (11th Cir. 2008), vacated on other grounds, 556 U.S. 1150 , 129 S.Ct. 1668 , 173 L.Ed.2d 1050 (2009) (except for the element of “means of interstate commerce,” the elements of § 2422(b) are not…
526 F.3d at 712 Determining evidence for proving prior convictions1 citing caserejecting this argument1 citing court put it this way
  • United States v. Patrick Richard Smith, No. 17-11427 (11th Cir. Apr. 30, 2019).unpublished 6 cites
    But the government may offer “any information, including reliable hearsay, regardless of the information’s admissibility at trial, provided that there are sufficient indicia of reliability to support its probable accuracy as evidence of a…
329 F. App'x at 254 Affirming conviction based on crime of violence status1 citing caseON REMAND FROM THE UNITED STATES SUPREME COURT PER CURIAM: In United States v. Brown, 526 F.3d 691 (11th Cir.2008), we affirmed appellant’s conviction 1 for…opening of page *254 (no citing court says what it cites this page for)
  • Brown v. United States, 688 F. App'x 644 (11th Cir. 2017).unpublished 3 cites
    United States v. Brown (Brown II), 329 Fed.Appx. 253, 254 (11th Cir. 2009).
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
James Joseph BROWN, Defendant-Appellant
05-16128.
Docket on CourtListener (RECAP)
Court of Appeals for the Eleventh Circuit.
Jul 8, 2009.
Unpublished opinion
526 F.3d 691
2008 WL 1869727
Harriett R. Galvin, Anne R. Schultz, U.S. Attorney’s Office, Dawn Bowen, Daniel L. Rashbaum, Miami, FL, for Plaintiff-Appellee., Margaret Y. Foldes, Kathleen M. Williams, Miami, FL, for Defendant-Appellant.
Tjoflat, Fay, Siler.
Cited by 5 opinions  |  Unpublished
1 passage pin-cited by 1 case
Pinpoint authority: bottom 57%
Citer courts: Eleventh Circuit (1)

[*254] ON REMAND FROM THE UNITED STATES SUPREME COURT

PER CURIAM:

In United States v. Brown, 526 F.3d 691 (11th Cir.2008), we affirmed appellant’s conviction [1] for using a facility and means of interstate commerce to entice a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). We also affirmed the sentence he received as a career offender. See U.S.S.G. § 4B1.1.

Appellant petitioned the Supreme Court for a writ of certiorari to review our judgment. The Court granted the writ, in No. 08-5664, vacated our judgment, and remanded the case to this court “for further consideration in light of Chambers v. United States, 555 U.S. - [,129 S.Ct. 687, 172 L.Ed.2d 484] (2009).” On receipt of the Supreme Court’s mandate, we requested and received supplemental briefing from the parties.

In Chambers, the defendant pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). The question before the Supreme Court was whether the crime of “failure to report” to a penal institution, in violation of Ill. Comp. Stat., ch 720, § 5/31~6(a) (West Supp.2008), qualified as a violent felony under the Armed Career Criminal Act, 18 U.S.C. § 924(e). 555 U.S. at -, 129 S.Ct. at 688. The Court held that it did not. Id. This case at hand does not present that question. Appellant nonetheless contends that the rationale the Supreme Court utilized in reaching its holding should inform our answer to the question of whether 18 U.S.C. § 2422(b) is a “crime of violence” under U.S.S.G. § 4B1.1.

Appellant acknowledges that our decision in United States v. Searcy, 418 F.3d 1193, 1198 (11th Cir.2005), has already answered that question— § 2422(b) is a crime of violence under § 4B 1. In reviewing appellant’s sentence, we followed Sear-cy, as we were bound to do, in holding that appellant’s § 2422(b) offense constituted a crime of violence. United States v. Brown, 526 F.3d at 702. Appellant asks that we reconsider Searcy in light of Chambers. We have done so, and find nothing in Searcy’s holding that is inconsistent with Chambers.

The judgment of the district court is, accordingly,

AFFIRMED.

1

. Appellant was convicted on a plea of guilty pursuant to a plea agreement.