United States of America v. Milton Brown

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 07-1224
UNITED STATES OF AMERICA
v.
MILTON BROWN,
Appellant
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Appeal from a Final Judgment of the United States District Court
for the District of New Jersey
(D.N.J. Criminal No. 06-cr-00350)
District Judge: Honorable William J. Martini
____________
Submitted Under Third Circuit L.A.R. 34.1(a)
on February 8, 2008
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Before: McKEE, AMBRO and ALDISERT, Circuit Judges
(Filed February 21, 2008)
OPINION
PER CURIAM
On appeal, Milton Brown challenges an enhancement of his sentence based on
facts that were neither admitted by him nor found beyond a reasonable doubt. He admits

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that the issue he raises – whether the District Court erred in failing to apply the proof
beyond a reasonable doubt standard in determining the enhancement – was decided
adversely to him in United States v. Grier, 475 F.3d 556 (3d Cir. 2007) (en banc).
Although the issue has been decided by us, Brown seeks to preserve the issue in
anticipation of review by the Supreme Court.
This panel does not have the authority to disturb the holding of an en banc decision
of this Court. Accordingly, the judgment of the District Court will be affirmed.
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