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United States v. Brown

United States District Court, W.D. Louisiana, Shreveport Division

March 26, 2018

UNITED STATES OF AMERICA
v.
KEVIN NELL BROWN (02)

          HORNSBY MAGISTRATE JUDGE

          MEMORANDUM RULING & ORDER

          DONALD E. WALTER UNTIED STATES DISTRICT COURT.

         Before the Court is a Motion to Vacate, Set Aside, or Correct Sentence [Doc. #70, in Docket No. 5:11-cr-00015-DEW-MLH-2; Doc. #26, in Docket No. 5:11-cr-00163-DEW-MLH-2], pursuant to 28 U.S.C. § 2255, filed by Defendant-Petitioner Kevin Nell Brown (02).[1] For the following reasons, the motion is DENIED.

         BACKGROUND

         On January 26, 2011, a federal grand jury in the Western District of Louisiana (WDLA) charged Defendant Brown with one count of conspiracy, in violation of 18 U.S.C. § 371 (Count 1), and two counts of bank robbery by force, violence, or intimidation, in violation of 18 U.S.C. § 2113(a) and (d) (Counts 2 and 3). [Doc. #1, in Docket No. 5:11-cr-00015-DEW-MLH-2]. On March 2, 2011, Defendant Brown was also charged by a federal grand jury in the Eastern District of Texas (EDTX) with two counts of bank robbery by force, violence, or intimidation, in violation of 18 U.S.C. § 2113(a) (Counts 1 and 3), and two counts of possession of a firearm during a crime of violence, in violation of 18 U.S.C. §§ 924(c)(1)(A)(i) and 2 (Counts 2 and 4). [Doc. #2-2, in Docket No. 5:11-cr-00163-DEW-MLH-2]. The EDTX charges were then transferred to this district, on June 27, 2011. [Doc. #2, in Docket No. 5:11-cr-00163-DEW-MLH-2].

         On July 6, 2011, Defendant Brown pled guilty to Count 2 of the WDLA indictment and Counts 1, 2, and 3 of the EDTX indictment. [Docs. ##45 and 48, in Docket No. 5:11-cr-00015-DEW-MLH-2; Docs. ##4 and 8, in Docket No. 5:11-cr-00163-DEW-MLH-2]. In support thereof, Defendant Brown and the Government stipulated to the following factual basis:

KEVIN NELL BROWN and co-defendant Dwayne Naycon Hooks committed a string of armed bank robberies in the [WDLA] and the [EDTX]. BROWN did not participate in the robbery of Capital One Bank in Grand Cane, Louisiana, which Hooks committed by himself. All of the banks robbed were insured by FDIC.
Each robbery was committed while the banks were open for business. Hooks and BROWN forced bank employees to provide cash from their drawers. On several occasions, BROWN crossed the teller counter and took the money from the drawers. In all but the Grand Cane robbery, Hooks and BROWN then forced a bank employee to provide keys to the employee's vehicle which was then used as a get-a-way car. All of the cars were recovered without damage.
In every robbery, Hooks possessed a firearm. On two occasions, Hooks discharged a firearm inside the bank, although nobody was physically injured. A G.A.I. pistol, cal: 9mm, model: PA63, SN: ANO528 with ammunition was recovered at the time of the arrest of Hooks and BROWN.

         The following chart summarizes the robberies BROWN participated in:

Date

Location

Bank

Amount Stolen

10/15/2010

Shreveport, LA

Red River Bank

$16, 395.00

11/03/2010

Joaquin, TX

Texas State Bank

$32, 267.00

12/02/2010

Haslam, TX

Texas State Bank

$14, 307.00

01/05/2011

Pleasant Hill, LA

Peoples State Bank

$25, 545.00

The $24, 545.00 stolen from Peoples State Bank in Pleasant Hill was recovered upon the arrest of BROWN and Hooks. The remaining money was not recovered. Therefore, the total intended loss amount for BROWN is $41, 940.00 (Louisiana) plus $46, 574.00 (Texas) for a total loss amount of $88, 514.00. The total restitution amount for BROWN is $16, 395.00 (Louisiana) and $46, 574.00 (Texas) for a total restitution amount of $62, 969.00.

[Doc. #48-2, in Docket No. 5:11-cr-00015-DEW-MLH-2; Doc. #8-2, in Docket No. 5:11-cr-00163-DEW-MLH-2].

         On October 28, 2011, this Court sentenced Defendant Brown to a term of imprisonment of 80 months, as to Count 2 of the WDLA indictment and Counts 1 and 3 of the EDTX indictment, followed by a consecutive term of imprisonment of 60 months as to Count 2 of the EDTX indictment. [Doc. #55, in Docket No. 5:11-cr-00015-DEW-MLH-2; Doc. #13, in Docket No. 5:11-cr-00163-DEW-MLH-2]. Defendant Brown's total term of imprisonment was therefore 140 months, followed by supervised release for terms of five (5) years as to Count 2 of the WDLA indictment and Count 2 of the EDTX indictment, and three (3) years as to Counts 1 and 3 of the EDTX indictment, all terms to run concurrently. Id. Restitution was ordered in the total ...


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