United States v. Clark

I dissent from the panel’s decision to remand this case for reconsideration in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). This case presents a purely legal question that requires no further action by the district court and I would therefore decide, prior to remand, this issue which has been squarely presented and adequately briefed.

Patrick Clark (federal prisoner # 61006-080) appeals the denial of his motion to vacate, set aside or correct his- sentence filed pursuant to 28 U.S.C. § 2255. We granted Clark a certificate of appealability to determine…