United States District Court, W.D. Louisiana, Shreveport Division
HORNSBY MAGISTRATE JUDGE
MEMORANDUM RULING & ORDER
E. WALTER UNTIED STATES DISTRICT COURT.
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). For the following reasons, the motion is
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].
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
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.
following chart summarizes the robberies BROWN participated
Red River Bank
Texas State Bank
Texas State Bank
Pleasant Hill, LA
Peoples State Bank
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,
[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].
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 ...