United States v. Clark, No. 18-2309 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior convictions for two counts of distributing cocaine base were properly considered separate predicate offenses because they would have been punctuated events within the conspiracy. The court also held that the district court did not clearly err in finding by a preponderance of the evidence that defendant used or possessed the revolver in connection with a crime of violence.
Court Description: Melloy, Author, with Shepherd and Grasz, Circuit Judges] Criminal case - Sentencing. The district court did not err in determining defendant was an armed career criminal; defendant's two convictions for distributing crack are separate qualifying predicate offenses because they would have been punctuated events within the conspiracy; based on the sentencing record, district court did not err in determining defendant possessed a firearm in connection with a crime of violence.
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