United States v. Valarian Jaymonn Brown

513 F. App'x 830
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 19, 2013
Docket12-11744
StatusUnpublished
Cited by2 cases

This text of 513 F. App'x 830 (United States v. Valarian Jaymonn Brown) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Valarian Jaymonn Brown, 513 F. App'x 830 (11th Cir. 2013).

Opinion

PER CURIAM:

Appellant Valarian Brown appeals his convictions and sentences. A jury convicted Brown of conspiracy to possess with intent to distribute at least 5 kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(A)(ii), and 846; conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and 846; and possession with intent to distribute at least 500 grams of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(B)(ii), and 18 U.S.C. § 2. Before trial, the government filed a 21 U.S.C. § 851 notice of enhanced sentence, asserting that Brown had prior Washington state convictions for possession of a controlled substance with intent to distribute and possession of a controlled substance without a prescription.

I.

The evidence at trial showed that Brown, a Florida resident, participated in an extensive and ongoing conspiracy aimed at purchasing and transporting large quantities of cocaine and marijuana from Texas to Florida, where Brown and his co-conspirators would further distribute the drugs. The evidence showed that Brown engaged in conduct related to the conspiracy between 2008 and 2007 and from 2010 until his 2011 arrest. Although some of the participants entered and left the conspiracy at various times, other participants, including Brown, two of his codefen-dants, and two of his Texas drug suppliers, were involved throughout the entire duration of the relevant conduct. Brown requested a jury instruction on multiple conspiracies, asserting that the evidence showed there was a conspiracy that occurred in 2005, and another conspiracy in 2011. The district court, concluding that there was not an adequate evidentiary predicate, did not give the multiple-conspiracies instruction.

At sentencing, Brown objected to the § 851 notice on the grounds that the notice misidentified the nature of his prior offenses, both of which actually were convictions for simple possession of cocaine. The court overruled his objection, concluding that the notice was sufficient and the purpose of providing notice under § 851 was satisfied because Brown had demonstrated that he was able to identify, without confusion, the prior convictions upon which the government was relying. Based on the § 851 notice, Brown’s sentence was enhanced pursuant to § 841(b)(1)(A). The court imposed a mandatory life term of imprisonment on Count 1, 30 years on Count 2, and 364 months on Count 3.

On appeal, Brown argues that the district court (1) erred in denying his request that the jury be instructed on multiple conspiracies because he was charged in two separate counts for the cocaine and marijuana conspiracies and because the evidence showed that some of the relevant conduct involved one of his co-defendants but not Brown; and (2) incorrectly determined that the government’s information complied with the notice requirements of *832 § 851, a necessary predicate to imposition of an enhanced sentence under § 841, when it misidentified the nature of his prior offenses.

II.

We review the legal correctness of a jury instruction de novo. United States v. Prather, 205 F.3d 1265, 1270 (11th Cir.2000). As to a district court’s rejection of a requested jury instruction, however, we review a properly preserved claim for an abuse of discretion. United States v. Moore, 525 F.3d 1033, 1046 (11th Cir.2008). A claim is properly preserved for appellate review when the party objects before the jury retires, “stating distinctly the specific grounds for the objection.” United States v. Starke, 62 F.3d 1374, 1380-81 (11th Cir.1995). If a specific objection was not made at trial, “we will only review for plain error.” Id. at 1381. Furthermore, even if a defendant objects to a jury instruction at trial, if “the argument he advanced at trial is not the argument he advances on appeal,” we review the argument raised on appeal for plain error. Id. at 1380-81. When reviewing for plain error, we may reverse only if: (1) there is an error; (2) which is plain; (3) that seriously affects the substantial rights of the defendant; and (4) failure to correct the error would seriously affect the fairness of the judicial proceeding. Moore, 525 F.3d at 1048.

Although the district court has “broad discretion” in formulating its instructions, “a defendant is entitled to have presented instructions relating to a theory of defense for which there is any foundation in the evidence, even though the evidence may be weak, insufficient, inconsistent, or of doubtful credibility.” United States v. Palma, 511 F.3d 1311, 1315 (11th Cir.2008) (internal quotation marks omitted). In reviewing “whether there is a proper eviden-tiary foundation for the instruction, the evidence must be viewed in the light most favorable to the accused.” Id.

Because the record demonstrates that Brown did not raise before the district court the specific arguments he now raises on appeal, we review the jury instruction request for plain error. We conclude that the district court did not plainly err by declining to give an instruction on multiple conspiracies because there was not adequate evidence to support Brown’s requested instruction. Even if the court had committed plain error, it was not prejudicial to Brown because, in light of the considerable evidence at trial showing Brown’s long-standing involvement in the conspiracy as charged in the indictment, he cannot show that the outcome of his case would have been different had the jury received the requested instruction.

III.

We review de novo questions regarding the adequacy of a § 851 notice. United States v. Ramirez, 501 F.3d 1237, 1239 (11th Cir.2007). Section 851(a) provides in part:

No person who stands convicted of an offense under this part shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry of a plea of guilty, the United States attorney files an information with the court ... stating in writing the previous convictions to be relied upon.... Clerical mistakes in the information may be amended at any time prior to the pronouncement of sentence.

21 U.S.C. § 851(a)(1).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Valarian Jaymonn Brown
598 F. App'x 689 (Eleventh Circuit, 2015)
Brown v. United States
134 S. Ct. 206 (Supreme Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
513 F. App'x 830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-valarian-jaymonn-brown-ca11-2013.