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United States v. Brown

United States District Court, D. Minnesota

July 18, 2019

United States of America, Plaintiff,
v.
Dante Dejune Brown, Defendant.

          LeeAnn K. Bell, Assistant United States Attorney, United States Attorney's Office, Minneapolis, MN, on behalf of Plaintiff.

          Dante Dejune Brown, pro se.

          MEMORANDUM OPINION AND ORDER

          ANN D. MONTGOMERY U.S. DISTRICT JUDGE

         I. INTRODUCTION

         This 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)][1] (“2255 Motion”) and pro se Motion for Appointment of Counsel [Docket No. 414]. For the reasons set forth below, Brown's motions are denied.

         II. BACKGROUND

         On 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 Brown's case:

Q: Mr. Brown, you and I have talked about this mandatory minimum -
A: Yeah, we did.
Q: - several times, right?
A: Yes.
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 understand -
A: Correct.
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?
A: Correct.
Q: All right. Do you have any questions about ...

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