Legal Opinion

United States v. Clark

Court of Appeals for the Eighth Circuit

Decided April 27, 2009No. 08-2386PublishedCited by 21 opinions

1Opinion of the Court

MELLOY, Circuit Judge.

Bert Howard Clark appeals following the district court’s 1 downward amendment of his sentence pursuant to 18 U.S.C. § 3582(c)(2) based on the retroactive amendments to the crack-cocaine guidelines. See U.S. Sentencing Guidelines Manual § 2D1.1 & app. C, amends. 706, 711, & 714. We affirm.

In 2003, a jury convicted Clark of conspiring to distribute crack cocaine based on his participation in a distribution ring that operated in the Quad Cities from 1999 to 2002. The jury found him responsible for between five and fifty grams of crack cocaine. At Clark’s initial sentencing,…

2Cases cited5 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Kimbrough v. United StatesSupreme Court of the United States · 2007
  4. United States v. StarksCourt of Appeals for the Eighth Circuit · 2009
  5. United States v. JonesCourt of Appeals for the Eighth Circuit · 2007

3Cited by21 opinions

  1. United States v. BurrellCourt of Appeals for the Eighth Circuit · 2010
  2. United States v. MaxwellCourt of Appeals for the Eighth Circuit · 2010
  3. United States v. Danny LewisCourt of Appeals for the Eighth Circuit · 2016
  4. United States v. BordeauxCourt of Appeals for the Eighth Circuit · 2012
  5. United States v. John MullCourt of Appeals for the Eighth Circuit · 2010

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