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    • Brief

    United States v. Brown, 2020 WL 4569289, at *1 (E.D. Wis. Aug. 7, 2020)

    Memorandum and Order granting compassionate release

    Argument: Deric Brown pled guilty to seven counts of robbery and two 924(c) counts. The court granted a reduction of 624 months to 408 months – from the old mandatory minimum to the new one, based on the disparity in sentencing and Brown’s “complete 180-degree change in attitude and conduct.”

    Walking through factors in favor of relief:

    “If Brown had been sentenced today rather than in 2002, there is no question that he would have received 408 months’ imprisonment, rather than 624 months. This is an 18-year difference on a mandatory, consecutive term. Moreover, Brown's sentences for the predicate offenses may have been lower, resulting in a lower sentence overall. Dean v. United States, 137 S. Ct. 1170, 1176–77 (2017) (permitting sentencing courts to consider mandatory minimum sentences imposed under § 924(c) when determining the appropriate sentence for a predicate offense). This disparity is significant, as demonstrated not only by Congress's decision to amend the statute to clarify its intent, but also by the pure fact of it: 18 years is a long time to remain incarcerated; indeed, it is nearly as long as Brown has already been incarcerated. Finally, the reason for the disparity is simply that the original statute was interpreted a certain way—ultimately, in a way that led to “unfair and unnecessary” sentences. Redd, 2020 WL 1248493, at *6. There is no penological justification at play, here.” At *4.