Brownfield v. United States

No. 08-cr-00452-JLK (2009)

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Brownfield v. United States

United States District Court for the District of Colorado
No. 08-cr-00452-JLK (2009)

Facts

John Kenneth Brownfield, Jr. (defendant) was charged with bribery of a public official. Brownfield worked as a correctional officer and was charged with taking bribes from seven inmates to provide them with tobacco. Brownfield admitted his crime and pleaded guilty. For this reason, the government recommended that Brownfield be sentenced to one year and one day because this term was at the bottom of the sentencing guidelines. However, the sentencing court was not bound by the government’s recommendation or the sentencing guidelines. The sentencing court considered Brownfield’s history and traits. Brownfield had enlisted in the Air Force when he was 17 years old, and he served in Afghanistan and Iraq during wartime. Brownfield served three tours, received numerous awards, and was honorably discharged in 2005. After returning home, Brownfield’s life was marked by alcohol abuse, anger, road rage, and hypersexual conduct. Brownfield got into fights. After his discharge, Brownfield had completed paperwork for an assessment to determine whether he had post-traumatic stress disorder (PTSD), but he was still on a waiting list. Brownfield had not received any mental-health counseling other than that facilitated by the probation department. Brownfield testified credibly and tearfully at a sentencing hearing regarding his experiences in the war. As a firefighter and rescue specialist, Brownfield saw all the horrors of war, including the mutilated bodies of fellow soldiers and of Afghan adults and children who either survived or were killed in explosions. The Iraq War Clinician Guide noted the difficulties that soldiers might face in coming home from war. The guide noted factors such as the fact that a veteran could appear fine or without symptoms after first coming home but that distress symptoms could rise to the level of requiring clinical intervention. The sentencing judge assessed the appropriate sentence, considering the nature and context of the crime, Brownfield’s history and traits, and the necessity of the sentence given.

Rule of Law

Issue

Holding and Reasoning (Kane, J.)

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