United States v. Stephen Lewis

ALARCON, Circuit Judge:

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…