Zachary Taylor Bush v. United States

Question I- Was Zach Bush’s Sentence Was Procedurally Unreasonable and Violative of Due Process Where the Presentence Report Offense Level Calculation

1. Erroneously Added Four (4) Points for Its Use In Connection with Another Felony Offense Even Though He Was Not Indicted for Such Conduct Nor Did He Admit to Such Conduct When Entering His Plea of Guilty and denied having a firearm at his Sentencing and

2. Erroneously added Two (2) Points for the Use of a Stolen Firearm Even Though He Was Not Indicted for Such Conduct Nor Did He Admit to Such Conduct When Entering His Plea of Guilty and there was only a statement on this in the Report even though Bush denied he had a firearm at his Sentencing? Question II- Was Zachary Bush’s mental condition fully and justly considered in his sentencing and were his efforts at good conduct while incarcerated considered in his sentencing, or was clear evidence of mental health issues on Bush’s part ignored such that a request for consideration of that in sentencing as a variance or downward departure was improvidently denied without a ruling on downward departure as to create a procedural and substantive error in his sentence where the trial court significantly departed upward focused on deterrence and punishment? -2-