Whether a federal sentencing enhancement for a felon in possession of a firearm was properly applied and whether the resulting sentence was reasonable on appellate review

No question identified. : Petitioner was charged with two counts of possession of a gun by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). He pled guilty to one of the counts, and on August 24, 2022, the district court sentenced him to an 87-month term of imprisonment, to be followed by a three-year term of supervised release. On appeal, Petitioner challenged both a sentencing enhancement as well as the reasonableness of his sentence. The Eleventh Circuit, however, affirmed. United States v. Aboite, 2023 WL 6803462 (11th Cir. Oct. 16, 2023). On October 16, 2023, undersigned counsel filed an initial brief in United States v. Rivero, Eleventh Circuit Case No. 23-10646-DD & 23-10923-DD, and on November 7, 2023, she filed a reply brief in United States v. Edwards, Eleventh Circuit Case No. 22-13963-CC. Counsel has another initial brief due before the end of January 2024 in United States v. Everett, Eleventh Circuit Case No. 23-11532-GG. Counsel was recently diagnosed with an incarcerated incisional hernia, and surgery is scheduled for December 15, 2023. It is unknown how long the recovery will take, or when counsel will return to the office. Due to these competing case matters, the upcoming surgery, and because counsel was out of the office from November 14, 2023 until December 1, 2023, an additional sixty (60) days is necessary to file the petition in this case. Since the time within which to file a petition for writ of certiorari in this case will expire on January 14, 2024 unless extended, Petitioner respectfully requests that an order be entered extending his time to file a petition for writ of certiorari by sixty days. Counsel requests until March 14, 2024 to file Mr. Aboite’s petition. 2 Neither the government nor Mr. Aboite would be prejudiced by such an extension. Respectfully submitted, MICHAEL CARUSO FEDERAL PUBLIC DEFENDER s/ Lori Barrist Lori Barrist Assistant Federal Public Defender Counsel of Record Florida Bar No. 374504 250 S. Australian Ave., Suite 400 December 11, 2023 West Palm Beach, Florida 33401-5040 West Palm Beach, Florida Tel. (561) 833-6288