United States v. Brown

JON O. NEWMAN, Circuit Judge:

This appeal presents two sentencing issues. One issue is whether a district judge is permitted to consider the severity of one or more mandatory consecutive minimum sentences imposed for firearms offenses under 18 U.S.C. § 924 (c) when the judge selects sentences for underlying predicate offenses. The Supreme Court has recently ruled that such severity may be considered. See Dean v. United States , --- U.S. ----, 137 S. Ct. 1170 , 197 L.Ed.2d 490 (2017). The other issue is whether a court of appeals, encountering uncertainty as to whether a sentencing judge was…