United States v. Clark

This proceeding under 28 U.S.C. § 2255, in which defendant-appellant James Clive Clark, Jr. (Clark) attacks his 1992 fifteen year sentence under the Armed Career Criminal Act of 1984 (ACCA), 18 U.S.C. § 924(e)(1), imposed upon his conviction for a violation of 18 U.S.C. § 922(g), is now before us again on remand from the United States Supreme Court.

As reflected in our prior opinion, United States v. Clark, 203 F.3d 358 (5th Cir.2000), to which we refer for a fuller statement of the background facts and proceedings, Clark contended in his section 2255 petition, which he filed in April 1997,…