[DOWNLOAD] "United States v. Clark" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Clark
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
GARZA, Circuit Judge Francis Allan Clark was involved in an investigation by the federal government for his participation in some real estate development. Clark, though previously claiming he was innocent, pled guilty in a plea agreement to four violations of 18 U.S.C.A. § 1014 (aiding and abetting false statements to a federally insured savings and loan institution); he was also required to pay restitution and forfeit any profits he attained through the Investex fraud.1 Sentencing was postponed to give Clark an opportunity to cooperate with ongoing governmental investigations. More than two years after pleading guilty, Clark read his presentence report and three months later filed a motion to withdraw his plea of guilty. After a hearing, the motion was denied. He was sentenced to 8 years imprisonment, a $20,000 fine and $2,000,000 in restitution. Clark filed a motion to correct an illegal sentence under Fed.R.Crim.P. 35(a) but it was denied. Clark appealed. We affirm in part, reverse in part, and remand. I. The Facts.