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United States of America v. Robert Brown Iii

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Before Boudin and Howard, Circuit Judges, and Barbadoro, *fn1 District Judge.

BOUDIN, Circuit Judge. In December 2003, Robert Brown III was serving the tail end of a federal sentence for a prior cocaine trafficking offense at Pharos House, a Bureau of Prisons community corrections facility in Portland, Maine. Another resident, after testing positive for cocaine use, told federal agents that one of those supplying him drugs had said that Brown was the dealer’s supplier. In January 2004, that resident, cooperating with federal agents, made a controlled purchase of 2.4 grams of cocaine from Brown.

Brown was indicted for possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C) (2006). His first trial ended in a mistrial, but this court affirmed the district court’s denial of a motion to dismiss the indictment on double jeopardy grounds. United States v. Brown, 426 F.3d 32, 39 (1st Cir. 2005), cert. denied, 546 U.S. 1189 (2006). Brown was convicted at his retrial in 2006. Under 21 U.S.C. § 841(b)(1)(C), he faced a statutory maximum of 360 months.

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