United States District Court, D. Minnesota
K. Bell, Assistant United States Attorney, United States
Attorney's Office, Minneapolis, MN, on behalf of
Dejune Brown, pro se.
MEMORANDUM OPINION AND ORDER
MONTGOMERY U.S. DISTRICT JUDGE
matter is before the undersigned United States District Judge
for a ruling on Defendant Dante Dejune Brown's
(“Brown”) pro se Motions Under 28 U.S.C. §
2255 [Docket Nos. 410 (memorandum in support), 413 (form AO
243, refers back to Docket No. 410)] (“2255 Motion”)
and pro se Motion for Appointment of Counsel [Docket No.
414]. For the reasons set forth below, Brown's motions
November 21, 2017, Brown pled guilty to conspiracy to
distribute 280 grams or more of a mixture and substance
containing cocaine base. Min. Entry [Docket No. 140]; Plea
Agreement [Docket No. 146]. At the plea hearing, the Court
and Brown's attorney reviewed with Brown the factual
basis for the plea of guilty. “Almost on a daily basis,
” Brown said, he would purchase an “eight
ball” of crack cocaine, about 3.5 grams, and would
distribute it as part of a conspiracy to sell illegal drugs.
Plea Hr'g Tr. [Docket No. 418], at 31. In total, Brown
pled guilty to being “responsible for at least 280
grams of crack cocaine.” Id. at 33. The Court
reviewed each page of the Plea Agreement with Brown. Brown
acknowledged his plea carried a mandatory minimum of 10 years
imprisonment. Id. at 23. Defense counsel also
emphasized the application of the mandatory minimum in
Q: Mr. Brown, you and I have talked about this mandatory
A: Yeah, we did.
Q: - several times, right?
Q: And I understand you want things to be possible to be
lower than that, but I've told you that there's no
way to get that as to a 5K and we don't control that; you
Q: - right? And that you should count on a 120-month
mandatory minimum, the lowest the judge could go for a
sentence in this case, is that right?
Q: All right. Do you have any questions about ...