Docket Report

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA

STATESVILLE DIVISION
UNITED STATES OF AMERICA ) DOCKET NO. 5:19-cr-73-KDB

)
v. )
)
RIANE LEIGH BROWNLEE ) UNITED STATES OF AMERICA’S
) SENTENCING MEMORANDUM
____________________________________)
NOW COMES the United States of America, by and through R. Andrew Murray, United
States Attorney for the Western District of North Carolina, and submits this Sentencing
Memorandum to address some of the Defendant’s objections to the pre-sentence report (PSR)
and to discuss the appropriate sentence in this case.
The Defendant’s PSR Objections
Defendant Brownlee asserts that the possession of firearms in this case was not “in
connection with” her offense of impersonating an FBI agent or, alternatively, constitutes
impermissible “double counting.” We concur with, and join in, the U.S. Probation Office’s
response rejecting those objections.
With regard to the “in connection with” objection, the instant case is completely different
from the one 1995 Fifth Circuit case cited by Defendant in her PSR objections, United States v.
Fadipe, 43 F. 3d 993 (5th Cir. 1995), in which the court the defendant’s possession of a firearm
did not facilitate his other count of conviction, for bank fraud. As the attached photos from
Defendant Brownlee’s social media profiles clearly demonstrate,1 the firearms were an integral
part of her impersonation as an FBI agent. Unlike the case cited by Defendant Brownlee, the
Fourth Circuit upheld application of the enhancement in United States v. Kaiser, 1 Fed. Appx.
1
The fourth photograph, of just the gun and fake badge and identification car, were taken by Claremont
police officers incident to Defendant Brownlee’s arrest.
Case 5:19-cr-00073-KDB-DCK Document 31 Filed 02/28/20 Page 1 of 3

219 (4th Cir. 2001), “We find that the district court reasonably concluded that disclosing the
presence of the firearm while impersonating a government official bolstered Kaiser's contention
that he was operating undercover and was a legitimate federal officer.” Id. at 221.
Defendant Brownlee’s reliance upon United States v. Hampton, 628 F.3d 654, 663-4 (4th
Cir. 2010), is also misplaced, because there was a distance of time and proximity between the
underlying crime and the possession of the firearm. In the instant case, Defendant Brownlee
possessed the firearm during and in relation to her impersonation of an FBI agent. And her
citation to United States v. Lipford, 203 F.3d 259 (4th Cir. 2000), provides her no support,
because the Fourth Circuit reversed the district court’s judgment of acquittal. Id. at 266-67. In
fact, that decision also upheld the application of the “in connection with” weapon enhancement
for a co-defendant. Id. at 272.
With regard to Defendant Brownlee’s objections related to grouping and “double
counting,” we incorporate the USPO’s responses from the PSR.
Finally, we note that Defendant’s first objections, to various facts from the investigation,
have no impact on the U.S. Sentencing Guidelines calculations. However, they are supported by
the evidence obtained during the investigation.
The Appropriate Sentence
Defendant Brownlee is a recidivist. First, Defendant Brownlee has a criminal history
category of V based on convictions for Identity Theft in 2009, multiple convictions for Identity
Theft in 2014, for which probation was revoked, Felony Worthless Checks in 2016, Identity
Theft in 2016. However, even that serious record under-represents her criminal history. That is,
she receives no criminal history points for her Forgery conviction in 2006, Worthless Checks in
2013, and Possession of Stolen Vehicle in 2016. Moreover, she has arrests that did not result in

conviction for Worthless Checks in 2009 and 2015, DWLR and Resisting Arrest in 2016, another
DWLR and Speeding in 2016, and Defrauding Innkeeper in 2015. Her record paints a picture of
a person who will not be stopped from stealing people’s identity and using falsehoods to get
what she wants. We have considered all mitigating factors, including those in PSR paragraphs
70 through 78 regarding personal and family data and mental and emotional health, in
recommending a sentence at the bottom end of the applicable guidelines range. Defendant
Brownlee deserves no downward variance.
RESPECTFULLY SUBMITTED this 28th day of February 2020.
R. ANDREW MURRAY
UNITED STATES ATTORNEY
/s/ Steven R. Kaufman

STEVEN R. KAUFMAN
ASSISTANT UNITED STATES ATTORNEY
227 W. Trade St., Ste 1700, Charlotte, NC 28202
(704) 338-3117 (phone); (704) 227-0254 (facsimile)
Steven.Kaufman@usdoj.gov

Exhibit 1:
Photographs of Defendant Brownlee with apparent FBI badge and firearm
Case 5:19-cr-00073-KDB-DCK Document 31-1 Filed 02/28/20 Page 1 of 2

Case 5:19-cr-00073-KDB-DCK Document 31-1 Filed 02/28/20 Page 2 of 2

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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA

UNITED STATES OF AMERICA ) DOCKET NO. 5:19-cr-73-KDB

and to discuss the appropriate sentence in this case.

The Defendant’s PSR Objections

response rejecting those objections.

Case 5:19-cr-00073-KDB-DCK Document 31 Filed 02/28/20 Page 1 of 3

for a co-defendant. Id. at 272.

With regard to Defendant Brownlee’s objections related to grouping and “double

counting,” we incorporate the USPO’s responses from the PSR.

the evidence obtained during the investigation.

The Appropriate Sentence

Defendant Brownlee is a recidivist. First, Defendant Brownlee has a criminal history

Case 5:19-cr-00073-KDB-DCK Document 31 Filed 02/28/20 Page 2 of 3

Brownlee deserves no downward variance.

RESPECTFULLY SUBMITTED this 28th day of February 2020.

/s/ Steven R. Kaufman

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Case 5:19-cr-00073-KDB-DCK Document 31-1 Filed 02/28/20 Page 1 of 2

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