United States v. Clark, No. 12-3462 (3d Cir. 2013)
Annotate this CaseClark pled guilty to possession with intent to distribute cocaine base, 21 U.S.C. 841(a)(1) and 841(b)(1)(B)(iii) and was sentenced to 120 months of imprisonment with five years of supervised release. Clark successfully moved for a reduction of sentence (to 100 months) under 18 U.S.C. 3582. The government later moved for another reduction under FRCP 35(b). Clark’s sentence was reduced to time served and he began supervised release in November 2009. In 2012, Clark’s probation officer alleged and Clark admitted that Clark had left the judicial district without permission, had been a passenger in a vehicle that was pulled over in Iowa, and “was found to be in possession of $20,000 cash.” Clark requested house arrest instead of incarceration because he had not been arrested or charged with any crime. Noting other misconduct, including traffic citations, failure to make payments on fines arising from those citations, failure to make payments on a bank loan, and a drug test indicating the presence of marijuana, the court sentenced him to 13 months of imprisonment followed by 47 months of supervised release. The Third Circuit vacated, finding that the record did not show meaningful consideration of the relevant 18 U.S.C. 3553(a) factors.
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