United States v. Thomas Lewis

MEMORANDUM

Thomas Lewis (“Lewis”) appeals from the district court’s judgment and sentence imposed following his guilty-plea conviction for conspiracy to commit armed bank robbery in violation of 18 U.S.C. §§ 371 and 2113(a) -and (d) (“count 1”), armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d) (“count 2”), and use of a firearm during and in relation to a crime of violence in violation of 18 U.S.C. § 924 (c)(1)(A)(ii) and (2) (“count 3”). The district court imposed a within-Guidelines 57-month sentence on counts 1 and 2 to run concurrently, and a mandatory 84-month sentence on count 3, to be served consecutive to the sentence imposed on counts. 1 and 2. Lewis argues that the district court abused its discretion in imposing the 57-month sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Lewis concedes that his criminal history points were properly calculated, but argues that the district court failed to properly address the 18 U.S.C. § 3553 (a) factors and his request for a downward variance in light of the staleness of his 1993 conviction. Contrary to Lewis’ argument, the district court explicitly considered, and rejected, this argument.…