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

QUESTIONS PRESENTED 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. i RULE 14.1(b) STATEMENT There are no parties in addition to those listed in the caption. ii