United States v. Gabriel A. Nabejar

1The Honorable David S. Doty, United States District Judge for the District of
Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 07-1430
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * District of Minnesota.
*
Eric W. Brown, * [UNPUBLISHED]
*
Appellant. *
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Submitted: November 23, 2007
Filed: December 3, 2007
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Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Eric Brown appeals the 46-month prison sentence imposed by the district court 1
upon revocation of his supervised release. For reversal, Brown argues that his
sentence is unreasonable, because the advisory Guidelines revocation range of 46-57
months determined by the district court was calculated based on Brown’s commission
of a Grade A violation, whereas his underlying conduct--possession of 45 grams of
methamphetamine--did not constitute a Grade A violation.

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-2-
We disagree. Under Minnesota law, Brown’s possession of 45 grams of
methamphetamine subjected him to imprisonment for up to 30 years, see Minn. Stat.
§ 152.021, subdivs. 2(1) & 3(a), and the Guidelines provide, in relevant part, that a
Grade A violation includes “any other federal, state, or local offense that is punishable
by a term of imprisonment exceeding twenty years,” see U.S.S.G. § 7B1.1(a)(1)(B).
Accordingly, the judgment is affirmed.
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