United States v. John Edward Clark

John Edward Clark pleaded guilty to conspiring to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846, and the Dis trict Court 1 sentenced him to six-and-a-half years (seventy-eight months) imprisonment and five years supervised release. On appeal, Clark’s counsel has filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Counsel suggests that, although Clark did not move for a downward departure below, the District Court should have granted one sua sponte under U.S.S.G. § 5K2.0.…