United States v. Clark , 241 F. App'x 871 ( 2007 )


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  •                                                                                                                            Opinions of the United
    2007 Decisions                                                                                                             States Court of Appeals
    for the Third Circuit
    7-26-2007
    USA v. Clark
    Precedential or Non-Precedential: Non-Precedential
    Docket No. 06-2447
    Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007
    Recommended Citation
    "USA v. Clark" (2007). 2007 Decisions. Paper 697.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2007/697
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    NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    ___________
    No. 06-2447
    ___________
    UNITED STATES OF AMERICA
    v.
    MICHAH CLARK,
    Appellant.
    ________________________
    On Appeal from the United States District Court
    for the District of New Jersey
    (D.C. No. 02-cr-00415)
    District Court Judge: Honorable Joseph E. Irenas
    ___________
    Submitted Under Third Circuit L.A.R. 34.1(a)
    June 28, 2007
    BEFORE: BARRY, FUENTES, and GARTH, Circuit Judges.
    (Filed: July 26, 2007)
    ___________
    OPINION OF THE COURT
    ____________
    FUENTES, Circuit Judge.
    Michah Clark appeals his sentence of 87 months in prison. We have jurisdiction
    under 
    18 U.S.C. § 3742
    (a). We review sentences generally for reasonableness, United
    States v. Cooper, 
    437 F.3d 324
    , 327 (3d Cir. 2006), and exercise plenary review over
    questions of law, United States v. Lloyd, 
    469 F.3d 319
    , 321 (3d Cir. 2006). For the
    following reasons, we will affirm.
    Appellant Michah Clark was convicted by a jury of aiding and abetting an armed
    bank robbery. In April 2003, after calculating a Sentencing Guidelines range of 87 to 108
    months, U.S. District Court Judge Stephen M. Orlofsky sentenced Clark to 97 months in
    prison. We affirmed the judgment on appeal, but later remanded the case to the District
    Court for resentencing in light of United States v. Booker, 
    543 U.S. 220
     (2005). Judge
    Orlofsky had retired by the time of our remand and the case was reassigned to U.S.
    District Court Judge Joseph E. Irenas.
    Although he ordered that the probation department update the Pre-Sentence Report
    (“PSR”) to include Clark’s educational and rehabilitative efforts, Judge Irenas denied
    Clark’s request for a brand new PSR. At the resentencing hearing, Judge Irenas first
    stated that he would not “revisit guideline issues.” App. 28. Then, while carefully
    balancing the relevant factors under 
    18 U.S.C. § 3553
    (a), Judge Irenas considered Clark’s
    efforts to rehabilitate himself, and ultimately sentenced him to 87 months in prison.
    Clark now argues on appeal that the District Court should have conducted a de
    novo sentencing hearing. We disagree. Our remand instructed the District Court “to
    reconsider the sentence in light of the decision of the Supreme Court in Booker.” Supp.
    App. 30 (emphasis added). The District Court did exactly what we ordered and properly
    exercised its discretion under § 3553(a) to reduce the sentence by ten months. Even were
    a recalculation of the Guidelines range necessary, Judge Irenas made clear that he
    2
    believed Judge Orlofsky and the probation department “got it right,” App. 59, and Clark
    has failed to demonstrate that his Guidelines range was incorrect. We will affirm.
    3
    

Document Info

Docket Number: 06-2447

Citation Numbers: 241 F. App'x 871

Filed Date: 7/26/2007

Precedential Status: Non-Precedential

Modified Date: 1/12/2023