United States v. Stephen Lewis

Stephen Lewis appeals from his sentence of 170 months for bank robbery in violation of 18 U.S.C. § 2113 (a). Pursuant to a plea agreement, Lewis entered a plea of guilty to one count of bank robbery in exchange for the prosecutor’s promise that the Government would recommend to the district court that Lewis not be sentenced as a career offender.

Lewis contends that he was deprived of his right to due process because the district judge assumed the roles of both “advocate and magistrate” in requesting transcripts of Lewis’ prior convictions. Lewis further argues that by adopting the recommendation in the presentence report that Lewis be sentenced as a career offender, the district court deprived Lewis of the benefit of his plea bargain.

I.

On April 10, 1991, Lewis was charged in a one count indictment with bank robbery in violation of 18 UiS.C. § 2113(a). Lewis entered into a formal plea agreement with the government in which he agreed to plead guilty to bank robbery in exchange for the government’s recommendation that Lewis not be sentenced as a career offender under Sentencing Guideline Section 4B1.1. Because the transcripts of Lewis’ prior convictions appeared to be…