Clark v. United States, No. 11-6380 (6th Cir. 2014)Annotate this Case
Clark was charged with making a false statement to a federally licensed firearm dealer, 18 U.S.C. 924(a)(1)(A), and with possession of an unregistered sawed-off shotgun, 26 U.S.C. 5861(d). She entered a nolo contendere plea to the false-statement charge and a guilty plea to the possession charge. In 2008, the district court sentenced Clark to 60 months for the false-statement charge and 108 months for the possession charge, to be served concurrently. The Sixth Circuit affirmed Clark’s convictions and sentences and allowed counsel to withdraw. In 2010, Clark filed a pro se motion under 28 U.S.C. 2255 to vacate, set aside, or correct her sentence, claiming ineffective assistance and that her plea was not knowing or voluntary. A magistrate recommended denial. Clark did not object to the recommendation, but moved to amend, claiming that “severe depression” made her unable to file a comprehensive motion in the first instance. She sought to add claims that the four-level enhancement for transferring a firearm to be used in a felony and the two-level enhancement for obstruction of justice were incorrectly applied and alleging selective prosecution and judicial misconduct. The district court denied the motion and dismissed her petition. Clark did not timely appeal, but filed a second, identical, motion to amend, which was also denied. The Sixth Circuit affirmed.