I. Whether the District Court abused its discretion by
failing to give Mr. Day a variance sentence and a shorter period of
incarceration based upon a criminal history score that overrepresents the seriousness of his criminal history, and the
appropriate downward departure or variance to his Sentencing
Guidelines range that should have been applied to his sentence
under U.S.S.G. Sec. 4A1.3({b).

II. Whether the Fourth Circuit erred by granting the
Government's Motion to Dismiss Mr. Day's appeal.

Whether the District Court abused its discretion by failing to give a variance sentence and shorter incarceration period