NOT RECOMMENDED FOR PUBLICATION File Name: 25a0028n.06
No. 24-3232
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jan 22, 2025 KELLY L. STEPHENS, Clerk ) UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ON APPEAL FROM THE UNITED ) STATES DISTRICT COURT FOR v. ) THE NORTHERN DISTRICT OF ) OHIO MATTHEW J. BROWN, ) Defendant-Appellant. ) OPINION
Before: GILMAN, STRANCH, and LARSEN, Circuit Judges.
RONALD LEE GILMAN, Circuit Judge. Matthew J. Brown pleaded guilty, without a
plea agreement, to one count of being a felon in possession of a firearm. He appeals his sentence
of 78 months of imprisonment, arguing that his sentence is substantively unreasonable. For the
reasons set forth below, we AFFIRM the judgment of the district court.
I. BACKGROUND
On December 17, 2022, police found Brown, his son, and another companion with an open
container of alcohol in a car parked at a gas station. They arrested Brown when they discovered a
stolen firearm in one of his coat pockets. At the time, Brown was on post-release supervision for
a state sexual-battery conviction.
Brown pleaded guilty to one count of violating 18 U.S.C. § 922(g)(1) and
18 U.S.C. § 924(a)(8) by being a felon in possession of a firearm. In its Presentence Report, the No. 24-3232, United States v. Brown
Probation Department recommended a base offense level of 20. It then added a two-point
enhancement for Brown’s possession of the stolen firearm, but also applied a three-level reduction
for his acceptance of responsibility. The net total offense level was thus set at 19. After reviewing
Brown’s extensive criminal history, the Probation Department next recommended a criminal-
history category of VI. This resulted in an applicable Guidelines range of 63 to 78 months of
imprisonment. The Probation Department finally noted that a downward variance might be
appropriate because of Brown’s personal history and characteristics.
Brown was sentenced in March 2024. The district court began the sentencing hearing by
describing Brown’s offense conduct, reviewing the Presentence Report, and identifying the
uncontested Guidelines range of 63 to 78 months of imprisonment. Both parties then discussed
the 18 U.S.C. § 3553(a) factors. The government emphasized Brown’s long criminal history and
noted that Brown had not previously received any sentence longer than his most recent sentence
of 60 months for sexual battery.
Because Brown’s past sentences had not deterred him from future criminal activity, the
government asked the district court to sentence Brown to 78 months of imprisonment, at the high
end of the applicable Guidelines range. Defense counsel, on the other hand, argued that Brown
was seeking to improve himself, had accepted responsibility for his actions, and had strong family
and community ties. His counsel then requested that the court sentence Brown to 63 months of
imprisonment, which was at the low end of the applicable Guidelines range. This low-end
sentence, according to available sentencing data, was also the median sentence for defendants
found guilty of similar conduct.
After hearing argument from both sides, the district court applied the § 3553(a) factors.
The court noted that Brown had refused to comply with the arresting officer’s commands, had
-2- No. 24-3232, United States v. Brown
begun reaching for his coat pocket containing the loaded, stolen firearm, and was in the vehicle
with two others. One of those in the car with Brown was his adult son, who was in possession of
his own loaded firearm. The court also noted that Brown had an extensive criminal history that
included drug possession, drug trafficking, the unlawful possession of weapons, receipt of stolen
property, possession of criminal tools, promotion of prostitution, juvenile rape, and sexual battery.
But as mitigating factors, the court acknowledged Brown’s unstable upbringing, periods of
homelessness, substance abuse, favorable employment history, and his relationship with his 14
children.
The district court ultimately reasoned that no previous term of confinement, including the
recent term of 60 months of imprisonment for sexual battery, had deterred Brown from additional
criminal conduct. With this and the other § 3553(a) factors in mind, the court stated that a sentence
of 63 months was insufficient because it was only 3 months more than the 60-month sexual-battery
sentence. It also noted that Brown had violated his post-release supervision for that sentence by
possessing the firearm in question. The court concluded by sentencing Brown to 78 months of
imprisonment. Defense counsel objected to the “high-end sentence.” This timely appeal followed.
II. ANALYSIS
On appeal, Brown argues that his sentence is substantively unreasonable because it is
greater than necessary to achieve the goals of sentencing pursuant to 18 U.S.C. § 3553(a). He
argues that the district court did not appropriately weigh mitigating factors like Brown’s
acceptance of responsibility for his offense, the fact that his unlawful possession of the firearm
was the sole offense, and his difficult family background. Brown also contends that the court
improperly relied on his prior 60-month sentence for sexual battery and used it as a benchmark.
-3- No. 24-3232, United States v. Brown
When we review a defendant’s sentence for substantive reasonableness, we generally apply
the abuse-of-discretion standard. See Gall v. United States, 552 U.S. 38, 51 (2007). “A district
court abuses its discretion when it applies the incorrect legal standard, misapplies the correct legal
standard, or relies upon clearly erroneous findings of fact.” United States v. Pugh, 405 F.3d 390,
397 (6th Cir. 2005) (quoting Schenck v. City of Hudson, 114 F.3d 590, 593 (6th Cir. 1997)).
“A sentence may be considered substantively unreasonable when the district court . . . gives
an unreasonable amount of weight to any pertinent factor” under 18 U.S.C. § 3553(a). United
States v. Conatser, 514 F.3d 508, 520 (6th Cir. 2008). The § 3553(a) factors, which the court must
consider, include “the nature and circumstances of the offense,” “the history and characteristics of
the defendant,” and the need for the sentence “to reflect the seriousness of the offense,” “promote
respect for the law,” “provide just punishment,” “afford adequate deterrence to criminal conduct,”
and “protect the public.” 18 U.S.C. § 3553(a). “In reviewing for substantive reasonableness, we
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NOT RECOMMENDED FOR PUBLICATION File Name: 25a0028n.06
No. 24-3232
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jan 22, 2025 KELLY L. STEPHENS, Clerk ) UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ON APPEAL FROM THE UNITED ) STATES DISTRICT COURT FOR v. ) THE NORTHERN DISTRICT OF ) OHIO MATTHEW J. BROWN, ) Defendant-Appellant. ) OPINION
Before: GILMAN, STRANCH, and LARSEN, Circuit Judges.
RONALD LEE GILMAN, Circuit Judge. Matthew J. Brown pleaded guilty, without a
plea agreement, to one count of being a felon in possession of a firearm. He appeals his sentence
of 78 months of imprisonment, arguing that his sentence is substantively unreasonable. For the
reasons set forth below, we AFFIRM the judgment of the district court.
I. BACKGROUND
On December 17, 2022, police found Brown, his son, and another companion with an open
container of alcohol in a car parked at a gas station. They arrested Brown when they discovered a
stolen firearm in one of his coat pockets. At the time, Brown was on post-release supervision for
a state sexual-battery conviction.
Brown pleaded guilty to one count of violating 18 U.S.C. § 922(g)(1) and
18 U.S.C. § 924(a)(8) by being a felon in possession of a firearm. In its Presentence Report, the No. 24-3232, United States v. Brown
Probation Department recommended a base offense level of 20. It then added a two-point
enhancement for Brown’s possession of the stolen firearm, but also applied a three-level reduction
for his acceptance of responsibility. The net total offense level was thus set at 19. After reviewing
Brown’s extensive criminal history, the Probation Department next recommended a criminal-
history category of VI. This resulted in an applicable Guidelines range of 63 to 78 months of
imprisonment. The Probation Department finally noted that a downward variance might be
appropriate because of Brown’s personal history and characteristics.
Brown was sentenced in March 2024. The district court began the sentencing hearing by
describing Brown’s offense conduct, reviewing the Presentence Report, and identifying the
uncontested Guidelines range of 63 to 78 months of imprisonment. Both parties then discussed
the 18 U.S.C. § 3553(a) factors. The government emphasized Brown’s long criminal history and
noted that Brown had not previously received any sentence longer than his most recent sentence
of 60 months for sexual battery.
Because Brown’s past sentences had not deterred him from future criminal activity, the
government asked the district court to sentence Brown to 78 months of imprisonment, at the high
end of the applicable Guidelines range. Defense counsel, on the other hand, argued that Brown
was seeking to improve himself, had accepted responsibility for his actions, and had strong family
and community ties. His counsel then requested that the court sentence Brown to 63 months of
imprisonment, which was at the low end of the applicable Guidelines range. This low-end
sentence, according to available sentencing data, was also the median sentence for defendants
found guilty of similar conduct.
After hearing argument from both sides, the district court applied the § 3553(a) factors.
The court noted that Brown had refused to comply with the arresting officer’s commands, had
-2- No. 24-3232, United States v. Brown
begun reaching for his coat pocket containing the loaded, stolen firearm, and was in the vehicle
with two others. One of those in the car with Brown was his adult son, who was in possession of
his own loaded firearm. The court also noted that Brown had an extensive criminal history that
included drug possession, drug trafficking, the unlawful possession of weapons, receipt of stolen
property, possession of criminal tools, promotion of prostitution, juvenile rape, and sexual battery.
But as mitigating factors, the court acknowledged Brown’s unstable upbringing, periods of
homelessness, substance abuse, favorable employment history, and his relationship with his 14
children.
The district court ultimately reasoned that no previous term of confinement, including the
recent term of 60 months of imprisonment for sexual battery, had deterred Brown from additional
criminal conduct. With this and the other § 3553(a) factors in mind, the court stated that a sentence
of 63 months was insufficient because it was only 3 months more than the 60-month sexual-battery
sentence. It also noted that Brown had violated his post-release supervision for that sentence by
possessing the firearm in question. The court concluded by sentencing Brown to 78 months of
imprisonment. Defense counsel objected to the “high-end sentence.” This timely appeal followed.
II. ANALYSIS
On appeal, Brown argues that his sentence is substantively unreasonable because it is
greater than necessary to achieve the goals of sentencing pursuant to 18 U.S.C. § 3553(a). He
argues that the district court did not appropriately weigh mitigating factors like Brown’s
acceptance of responsibility for his offense, the fact that his unlawful possession of the firearm
was the sole offense, and his difficult family background. Brown also contends that the court
improperly relied on his prior 60-month sentence for sexual battery and used it as a benchmark.
-3- No. 24-3232, United States v. Brown
When we review a defendant’s sentence for substantive reasonableness, we generally apply
the abuse-of-discretion standard. See Gall v. United States, 552 U.S. 38, 51 (2007). “A district
court abuses its discretion when it applies the incorrect legal standard, misapplies the correct legal
standard, or relies upon clearly erroneous findings of fact.” United States v. Pugh, 405 F.3d 390,
397 (6th Cir. 2005) (quoting Schenck v. City of Hudson, 114 F.3d 590, 593 (6th Cir. 1997)).
“A sentence may be considered substantively unreasonable when the district court . . . gives
an unreasonable amount of weight to any pertinent factor” under 18 U.S.C. § 3553(a). United
States v. Conatser, 514 F.3d 508, 520 (6th Cir. 2008). The § 3553(a) factors, which the court must
consider, include “the nature and circumstances of the offense,” “the history and characteristics of
the defendant,” and the need for the sentence “to reflect the seriousness of the offense,” “promote
respect for the law,” “provide just punishment,” “afford adequate deterrence to criminal conduct,”
and “protect the public.” 18 U.S.C. § 3553(a). “In reviewing for substantive reasonableness, we
must ‘take into account the totality of the circumstances, including the extent of any variance from
the Guidelines range.’” United States v. Bolds, 511 F.3d 568, 581 (6th Cir. 2007) (quoting Gall,
552 U.S. at 51). Sentences within a defendant’s applicable Guidelines range may be presumed
reasonable. See id. (citing Gall, 552 U.S. at 51) (“For sentences within the Guidelines, we may
apply a rebuttable presumption of substantive reasonableness.”). We must also “give ‘due
deference’ to the district court’s conclusion that the sentence imposed is warranted by
the § 3553(a) factors.” Id. (quoting Gall, 552 U.S. at 51). “The fact that [we] might reasonably
have concluded that a different sentence was appropriate is insufficient to justify reversal of the
district court.” Gall, 552 U.S. at 51.
-4- No. 24-3232, United States v. Brown
We conclude that Brown’s within-Guidelines sentence is substantively reasonable. The
district court considered the relevant § 3553(a) factors and determined that the most appropriate
sentence was at the high end of Brown’s Guidelines range.
Despite Brown’s arguments to the contrary, the district court considered mitigating factors,
including Brown’s connection to his family, and weighed those factors appropriately. Brown
argues that the court improperly used his previous 60-month term for the more serious crime of
sexual battery as a benchmark. But the court simply used that sentence as an example of a sentence
that was not sufficient to deter future misconduct, and to emphasize the need for the present
sentence to accomplish that deterrence goal.
Given that the sentence was not arbitrary and was imposed in light of a reasoned application
of the § 3553(a) factors, we conclude that the district court did not abuse its discretion.
III. CONCLUSION
For all of the reasons set forth above, we AFFIRM the judgment of the district court.
-5-