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256 F. App'x 849

United States v. Eric Brown

U.S. Courts of Appeals

Decided December 3, 2007

U.S. Courts of Appeals · decided 2007-12-03

Applies MN 152 § 152.021

Decided 2007-12-03

PER CURIAM.

¶1 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.

¶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. § 7Bl.l(a)(l)(B).

¶3 Accordingly, the judgment is affirmed.

1

¶4 . The Honorable David S. Doty, United States District Judge for the District of Minnesota.

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