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    United States v. Brooks, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed Steven Brooks' appeal of his 44-month sentence for conspiracy to make, utter, or possess counterfeit securities. Brooks pleaded guilty to conspiring to sell or use as collateral for a loan two fraudulent letters of guarantee totaling $900 million. The district court granted a one-level downward departure from Brooks' sentencing guidelines, finding the offense level overstated the seriousness of the crime. However, the Fourth Circuit found it lacked jurisdiction to review the extent of a downward departure granted by the district court unless it resulted in an unlawful sentence or incorrect application of the guidelines, which was not the case here.

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    United States v. Brooks, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed Steven Brooks' appeal of his 44-month sentence for conspiracy to make, utter, or possess counterfeit securities. Brooks pleaded guilty to conspiring to sell or use as collateral for a loan two fraudulent letters of guarantee totaling $900 million. The district court granted a one-level downward departure from Brooks' sentencing guidelines, finding the offense level overstated the seriousness of the crime. However, the Fourth Circuit found it lacked jurisdiction to review the extent of a downward departure granted by the district court unless it resulted in an unlawful sentence or incorrect application of the guidelines, which was not the case here.

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    Filed: 2002-12-20 Precedential Status: Non-Precedential Docket: 02-4453

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    The United States Court of Appeals for the Fourth Circuit dismissed Steven Brooks' appeal of his 44-month sentence for conspiracy to make, utter, or possess counterfeit securities. Brooks pleaded guilty to conspiring to sell or use as collateral for a loan two fraudulent letters of guarantee totaling $900 million. The district court granted a one-level downward departure from Brooks' sentencing guidelines, finding the offense level overstated the seriousness of the crime. However, the Fourth Circuit found it lacked jurisdiction to review the extent of a downward departure granted by the district court unless it resulted in an unlawful sentence or incorrect application of the guidelines, which was not the case here.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    5 views2 pages

    United States v. Brooks, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Steven Brooks' appeal of his 44-month sentence for conspiracy to make, utter, or possess counterfeit securities. Brooks pleaded guilty to conspiring to sell or use as collateral for a loan two fraudulent letters of guarantee totaling $900 million. The district court granted a one-level downward departure from Brooks' sentencing guidelines, finding the offense level overstated the seriousness of the crime. However, the Fourth Circuit found it lacked jurisdiction to review the extent of a downward departure granted by the district court unless it resulted in an unlawful sentence or incorrect application of the guidelines, which was not the case here.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    v.
    STEVEN BROOKS,
    Defendant-Appellant.

    No. 02-4453

    Appeal from the United States District Court


    for the Middle District of North Carolina, at Durham.
    William L. Osteen, District Judge.
    (CR-01-296)
    Submitted: November 26, 2002
    Decided: December 20, 2002
    Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    COUNSEL
    Walter T. Johnson, Jr., LAW OFFICE OF WALTER T. JOHNSON,
    JR., Greensboro, North Carolina, for Appellant. Anna Mills Wagoner,
    United States Attorney, Douglas Cannon, Assistant United States
    Attorney, Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit. See


    Local Rule 36(c).

    UNITED STATES v. BROOKS

    OPINION
    PER CURIAM:
    Steven Michael Brooks appeals the forty-four month sentence
    imposed on his guilty plea to conspiracy to make, utter, or possess
    counterfeit securities, in violation of 18 U.S.C. 371, 513(a) (2000).
    Brooks conspired to sell or use as collateral for a loan two fraudulent
    letters of guarantee with face values totaling $900,000,000. After calculating the sentencing enhancement based on the amount of intended
    loss, the district court departed downward one level, finding that the
    offense level overstated the seriousness of the crime. On appeal,
    Brooks contends that a downward departure is warranted for precisely
    the same reasons the district court granted the departure. This court
    lacks jurisdiction to review the extent of a downward departure in an
    appellants favor unless the departure results in a sentence in violation
    of law or results from an incorrect application of the sentencing
    guidelines. See United States v. Hill, 70 F.3d 321, 324 (4th Cir. 1995);
    18 U.S.C. 3742(a) (2000). Neither exception applies here. Accordingly, we dismiss Brookss appeal. We dispense with oral argument
    because the facts and legal contentions are adequately presented in the
    materials before the court and argument would not aid the decisional
    process.
    DISMISSED

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