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Type
Opinion
Author
Richard Fred Suhrheinrich
Filed
June 17, 2025
Case
United States v. Joshua Brown
Case status
Decided

Opening text

The first passage of the document, as extracted by the source provider.

NOT RECOMMENDED FOR PUBLICATION File Name: 25a0304n.06 No. 24-5199 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Jun 17, 2025 KELLY L. STEPHENS, Clerk ) UNITED STATES OF AMERICA, ) Plaintiff-Appellee, ) ON APPEAL FROM THE ) UNITED STATES DISTRICT v. ) COURT FOR THE EASTERN ) DISTRICT OF TENNESSEE JOSHUA BROWN, ) ) OPINION Defendant-Appellant. ) Before: SUHRHEINRICH, MOORE, and NALBANDIAN, Circuit Judges. SUHRHEINRICH, J., delivered the opinion of the court in which NALBANDIAN, J., concurred. MOORE, J. (pp. 19–25), delivered a separate opinion concurring in the opinion in part and concurring in the judgment in part. SUHRHEINRICH, Circuit Judge. Defendant Joshua Brown was convicted by a jury of distributing methamphetamine and of conspiracy to distribute methamphetamine. On appeal he claims that the superseding indictment was presumptively vindicative and that his sentence is procedurally flawed because the district court did not consider disparities among similar defendants and relied on a clearly erroneous fact. Because we find each of these arguments meritless, we AFFIRM. I. Background Apparently, the drugs are cheaper in Atlanta, Georgia, than Shelbyville, Tennessee.…

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