United States v. Mark Clark

FITZWATER, District Judge:

Defendant-appellant Mark Anthony Clark (“Clark”)—who is serving two mandatory life sentences, for drug offenses— appeals the district court’s 2014 amended judgment reflecting the dismissal in 1998 of one of five counts of which Clark was convicted and sentenced, without conducting a resentencing hearing and enabling Clark to rely on the Supreme Court’s decisions in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Alleyne v. United States, — U.S. —, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), to challenge the mandatory life sentences. We…