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Dianne Brown

October 2, 1997

THIS IS MY STORY: I am 46 years old, a mother of two, and a grandmother of seven, two of which were born while I have been imprisoned. I am currently serving a 120-month (10 Yr.), sentence for drug trafficking with a firearm. I was born and raised in South Central Los Angeles, thus the reason for carrying a gun. It was proven in court that you practically need a gun in my neighborhood, and that I've carried a pistol everyday since I was raped at the age of 18 years old. I never intended to be sexually violated again, thus the reason for having gun on my person at the time of arrest.

My co-defendant was stalked for over a year by an FBI informant. This eventually led to the her arrest and anybody else available to them. The anybody else turned out to be me and another friend. My #1 co-defendant was set-up (entrapped) on September 22, 1992. When the Informant arrived in Los Angeles from Louisiana, he made contact with #1 co-defendant by telephone to arrange a meeting for the following day. When #1 co-defendant hung up from her call with him she dialed my telephone number. From that phone call they obtained my name and address, and started following me around the next day. #1 Co-defendant received a 60-month sentence. I received a 120-month sentence, and so did #3 co-defendant, because we carried guns. The guns were not stolen, they were registered to us.

After the Supreme Court made a ruling on Bailey vs. USA, I was entitled relief because my gun was in a holster inside my purse, which was inside a larger Duffel-type bag, out of my reach on the floor.

The Judge held on to my Motion to Set Aside or Vacate my 922C-1 until changes were made in "Bailey," which now says, "If the firearm was within reach, you are NOT entitled to relief under Bailey." After rereading my transcripts it was unclear as to where they (FBI) said my gun was when they kicked-in the door. One agent testified it was near a table by a window, another testified it was on the floor by a night-table, and another testified it was by my feet.

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