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 (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

Question Presented (OCR Extract)

QUESTION(S) PRESENTED |. Did the court err in applying an offense — level enhancement under USSG 2KAa, IANS) for having a Prior crime of Violence Conviction when Said Conviction was an Lowa Purdlary Ap degree which stemmed trom The 1776 Burolary an Uneccupled house The felitioner commited atage /7 ? 2, Was the Petitioner incorrectly scored 3 Criminal h (story points tor hiZ prior Furplary pd degree conviction due te his age when tre Crime was comm/tHed and the lenin of Time, ber n The conviction ond his instant offense, A did the cour er in sentencing the, ReTitioner 0S QUSS.G Cnminal history Calogory Five because of the points score! for the Bitalery ? 3, Did the courterr in basing no less than 32 months of the Petitione’s $7 mail, sentence. on a Burglary he committed as aduvenile over | | 7years ‘betore being sentenced for his instont . fence due te the enhancements incurved for the prion conviction ¢

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