Damon D. Williams v. United States

I. When imposing maximum, consecutive sentences for two convictions for attempted interference with commerce by robbery (18 U.S.C. § 1951)—arising out of two discrete events taking place on two different nights—did the District Court abuse its discretion by implicitly premising its sentencing on an erroneous application of the Federal Sentencing Guidelines and a pretextual consideration of 18 U.S.C. § 3553 factors exclusively related to the operative facts underlying one conviction but not the other? II. When imposing maximum, consecutive sentences for two convictions for attempted interference with commerce by robbery (18 U.S.C. § 1951)—arising out of two discrete events taking place on two different nights—did the District Court violate Petitioner’s Fifth and Sixth Amendment rights by applying the murder cross reference USSG § 2A1.1 based on dismissed charges that previously arose out of the operation of law instead of relevant conduct of Mr. Williams underlying those dismissed charges?