United States v. Clark
2011 U.S. App. LEXIS 5987
6th Cir.2011Background
- Clark and two accomplices robbed seven homes, entering with weapons and stealing drugs and money.
- Accomplices guarded occupants while Clark searched for prescription drugs and cash, then the trio divided the loot.
- A victim described a white GMC Blazer; police stopped a vehicle linked to the accomplices, but Clark was not present.
- Accomplices cooperated with authorities and admitted involvement; police obtained a warrant, finding weapons, stolen items, and forged papers at Clark's property.
- Clark claimed he warned or tried to stop the robberies and that Bowling and Brashear acted without his involvement.
- A jury convicted Clark on twenty-one counts, including Hobbs Act robbery, multiple counts of possession with intent to distribute, gun enhancements under 924(c), felon-in-possession, possessing a stolen firearm, and forged discharge papers; he was sentenced to 189 years plus one month.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for intent to distribute | Clark asserts insufficient evidence of distribution intent | United States contends evidence shows intent to distribute from theft and sharing drugs | Sufficient evidence supported intent to distribute |
| Consecutive 924(c) sentences and related challenges | Clark argues consecutive minimums are improper and unconstitutional in various respects | United States contends Abbott forecloses challenge; sentences proper and proportional | Consecutive 924(c) sentences affirmed; no constitutional violation found |
| Admissibility of prior bad acts under Rule 404(b) | Clark challenges admission of prior burglary convictions | United States asserts admissibility under 404(b) and that any error was harmless | Any error harmless given substantial testimony from co-defendants |
Key Cases Cited
- United States v. Holden, 557 F.3d 698 (6th Cir.2009) (standard for sufficiency of evidence)
- United States v. Algee, 599 F.3d 506 (6th Cir.2010) (circumstantial evidence suffices for intent to distribute)
- United States v. Layne, 192 F.3d 556 (6th Cir.1999) (sharing drugs with a friend as distribution intent)
- United States v. Merriweather, 78 F.3d 1070 (6th Cir.1996) (procedure for Rule 404(b) admissibility)
- United States v. Swiderski, 548 F.2d 445 (2d Cir.1977) (joint acquisition exception discussed in distribution context)
- United States v. Watkins, 509 F.3d 277 (6th Cir.2007) (upholding lengthy 924(c)-based sentences)
- United States v. Allen, 619 F.3d 518 (6th Cir.2010) (harmless-error review for Rule 404(b) rulings)