No. 18-5480

Bjorn Christian Luster v. United States

Lower Court: Eighth Circuit
Docketed: 2018-08-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burglary burglary-enhancement criminal-conviction criminal-history due-process evidence-interpretation fifth-amendment-due-process juvenile-offenses points-scoring prior-convictions sentencing sentencing-enhancement sentencing-guidelines sixth-amendment-effective-assistance-of-counsel ussg-2k2.1(b)(3) ussg-4a1.1 victim-testimony
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. Did the court err in applying an offense level enhancement under U.S.S.G 2K2,1(a)(3) for having a prior crime of violence" conviction When said conviction was an Iowa Burglary of an unoccupied house the Petitioner committed at age 17?

2. Was the Petitioner incorrectly scored 3 points for criminal history when the time between the conviction and the length of time and his instant offense.

3. Did the court err in sentencing the Petitioner as a U.S.S.G. Criminal history category and did the court err in basing no less than 32 months of the 87 month sentence on a Burglary he committed as a juvenile over 17 years before being Sentenced for his instant offense due to the enhancements incurred for the prior conviction?

Question Presented (AI Summary)

Whether the court erred in applying a sentencing enhancement for a prior crime of violence conviction when the prior conviction was for Iowa third-degree burglary of an unoccupied house committed at age 17

Docket Entries

2018-10-01
Petition DENIED.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-14
Waiver of right of respondent United States to respond filed.
2018-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2018)

Attorneys

Bjorn Luster
Bjorn Christian Luster — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent