U.S. v. Clark

In prosecution on drug distribution charge, Dist. Ct. did not commit reversible error in sentencing defendant to 71-month term of incarceration, as well as 5-year term of supervised release, even though defendant maintained that Dist. Ct. had miscalculated his criminal offense level as Level IV, instead of Level III. Any error was harmless, where Dist. Ct. declared that it would have imposed same sentence regardless of criminal offense level calculation. Moreover, instant sentence was justified based on defendant’s criminal history, as well as fact that defendant had committed instant offense while still on supervised release for prior conviction on drug distribution charge. Also, Dist. Ct. was not required to articulate for second time factors it used when imposing term of incarceration for purposes of explaining imposition of 5-year term of supervised release instead of recommended 3-year term of supervised release.