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Lengthy gun sentence affirmed in 2011 hotel standoff

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A federal prison sentence of more than 33 years was upheld Monday for a career criminal convicted of leading police on a chase, assaulting an officer until he lost consciousness and staging an armed, four-hour standoff at an Indianapolis hotel in August 2011.

Jamel H. Brown was sentenced to 400 months in prison after he pleaded guilty to unlawful possession of a firearm, which is well in excess of sentencing guidelines. Numerous other counts were continued until after sentencing on the firearm charge.

Brown failed to convince the 7th Circuit Court of Appeals that federal criminal trial rules required the District Court for the Southern District of Indiana to rule on any disputed matter in a presentence report before sentencing. Judge Sarah Evans Barker satisfied requirements in consideration of the presentence report, the court ruled in United States of America v. Jamel H. Brown, 12-3413.

“After hearing from the defendant and listening to the evidence presented by the government, the judge made several statements that confirmed her acceptance of the probation officer’s version of the facts. In addressing the ‘horrific’ nature of the offense at issue, the judge stated that Brown had driven a car through a heavily trafficked area ‘really without regard to anybody else,’ and that his assault on the officer was ‘breathtaking,’” Judge Joel M. Flaum wrote for the court.

Barker “acknowledged that Brown had pointed the firearm at the witnesses in the hotel parking lot ‘and by some unbelievable good fortune’ the gun malfunctioned” when Brown pulled the trigger of a Tec-9 semiautomatic handgun, Flaum wrote. “When the gun malfunctioned, (Barker) stated that Brown continued with his attempted escape, shattering a window in the back of the hotel and then ‘terrorizing’ the people inside while looking for a place to hide.”

“What is essential is that the district judge articulated her view of the disputed facts and explained how they impacted her ultimate sentencing determination,” he continued. “We find no error in the district court’s resolution of the disputed facts or its calculation of Brown’s guidelines range for sentencing.”

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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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