No. 21-7269

Joseph Peter Clarke v. United States

Lower Court: Eleventh Circuit
Docketed: 2022-03-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion covid-19 criminal-history downward-variance drug-offenses juvenile-offenses sentencing-factors sentencing-guidelines stash-house-robbery
Latest Conference: 2022-03-25
Question Presented (from Petition)

Issue 1: Whether the appellate court erred affirming the district court's abuse of discretion in overruling petitioner's objections to the PSI Report guideline computations as to base offense level computation (drug versus robbery guideline); the counting of two prior offenses committed by petitioner as a juvenile; and, the counting of two simple possession of marijuana offenses, all of which increased petitioner's guideline total offense level, recognizing that the existing law does not support the objections and to preserve the issue for future possible litigation.

ISSUE 2: Whether the appellate court erred in affirming the district court's abuse of discretion denying petitioner's motion for a downward sentencing variance grounded upon 18 U.S.C. § 3553(a) as to: 1) Sentencing disparity among defendants; 2) Judicially recognized unfairness of the stash house robbery sting which targets minority and impoverished persons; 3) Unduly harsh application of guidelines in stash house robbery case; 4) Overstated criminal history where juvenile and marijuana prior convictions are scored; 5) Defendant accepts responsibility after trial; and 6) Onerous prison conditions within the Bureau of Prisons due to Covid-19 pandemic and imposed an unreasonable 190 month sentence (Co-defendant received 120 month minimum mandatory sentence) rather than the 120 month minimum mandatory sentence argued for by petitioner.

Question Presented (AI Summary)

Whether the appellate court erred in affirming the district court's abuse of discretion

Docket Entries

2022-03-28
Petition DENIED.
2022-03-10
DISTRIBUTED for Conference of 3/25/2022.
2022-03-08
Waiver of right of respondent United States to respond filed.
2022-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2022)

Attorneys

Joseph Clarke
Arthur L. Wallace IIIArthur Wallace Attorney at Law PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent