United States v. Clark

325 F. Supp. 3d 191
Court of Appeals for the D.C. Circuit·Decided September 18, 2018·No. Criminal No. 10-0133 (PLF)·Published·Cited by 2 cases

Opinion

PAUL L. FRIEDMAN, United States District Judge

The matter is before the Court on the motion [Dkt. No. 128] of defendant Floyd Clark to admit hearsay in support of his separate motion to vacate, set aside, or *192correct his sentence under 28 U.S.C. § 2255. The United States opposes the motion. Upon careful consideration of the parties' papers, the relevant legal authorities, the evidentiary hearing on June 20, 2016, and the entire record in this case, the Court will grant Mr. Clark's motion to admit hearsay.1

I. BACKGROUND

A. Procedural History

On May 6, 2009, two men carjacked, robbed, and kidnapped Michael Walker at gunpoint in Washington, D.C. On May 18, 2010, a grand jury returned a nine-count indictment charging defendant Floyd Clark in connection with the attack. The indictment included: one count of kidnapping, in violation of 18 U.S.C. § 1201(a)(1) ; two counts of using, carrying, possessing, or brandishing a firearm during a drug trafficking offense, in violation of 18 U.S.C. § 924(c)(1)(A)(ii) ; one count of carjacking, in violation of 18 U.S.C. § 2119(2) ; one count of carjacking while armed, in violation of D.C. Code §§ 22-2803 and 22-4502 ; two counts of possession of a firearm during the commission of a crime of violence, in violation of D.C. Code § 22-4504(b) ; one count of armed robbery, in violation of D.C. Code §§ 22-2801 and 22-4502 ; and one count of unlawful possession of a firearm by an individual under felony indictment, in violation of 18 U.S.C. § 922(n). See Indictment.

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United States v. Clark, 325 F. Supp. 3d 191 (D.C. Cir. 2018).

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