United States of America v. Markel Dean Brown

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARKEL DEAN BROWN,
Defendant - Appellant.
No. 23-949
D.C. No. 1:22-cr-00103-SPW-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted March 26, 2024**
Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.
Markel Dean Brown appeals from the district court’s judgment and
challenges the 180-month sentence imposed following his guilty-plea conviction
for conspiracy to possess with intent to distribute, possession with intent to
distribute, and distribution of methamphetamine, in violation of 21 U.S.C.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 4 2024
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 23-949
§§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Brown contends that his sentence is substantively unreasonable because it
does not sufficiently account for his mitigating factors, including his age, mental
health issues, and difficult background. The record reflects that the district court
acknowledged Brown’s mitigating factors and imposed the below-Guidelines
sentence to account for them. The court did not abuse its discretion by declining to
impose an even lower sentence. See Gall v. United States, 552 U.S. 38, 51 (2007);
United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009) (“The
weight to be given the various factors in a particular case is for the discretion of the
district court.”). The sentence is substantively reasonable in light of the 18 U.S.C.
§ 3553(a) factors and the totality of the circumstances, including Brown’s criminal
history and the seriousness of his offense. See Gall, 552 U.S. at 51.
AFFIRMED.

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