United States v. Clark ( 2022 )

Case: 21-11099 Document: 00516429382 Page: 1 Date Filed: 08/11/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 11, 2022
No. 21-11099 Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Terrell M. Clark,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CV-1071
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam:*
Terrell M. Clark pleaded guilty to theft of firearms from a licensed
firearms dealer in violation of 18 U.S.C. § 924(m) and brandishing a firearm
during a crime of violence in relation to 18 U.S.C. § 924(c)(1)(A)(ii).
Following the Supreme Court’s decision in United States v. Davis, 139 S. Ct.
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-11099 Document: 00516429382 Page: 2 Date Filed: 08/11/2022
No. 21-11099
2319 (2019), we vacated Clark’s §924(c) conviction as his underlying firearm
theft was no longer deemed to be a crime of violence.
Clark moved for a certificate of innocence under 28 U.S.C. § 2513,
which would enable him to bring a claim for damages for unjust conviction
and imprisonment in the United States Court of Federal Claims under 28
U.S.C. § 1495. The district court denied his motion.
Clark is not entitled to a certificate of innocence because he cannot
meet the requirements of § 2513(a)(2), which requires that Clark prove that
he did not commit any of the acts charged or that none of his acts constituted
an offense against the United States. Although his § 924(c) conviction was
vacated, Clark’s § 924(m) conviction remains. Thus, his acts constituted an
offense against the United States, barring him from obtaining a certificate of
innocence. See Osborn v. United States, 322 F.2d 835, 841–43 (5th Cir. 1963).
The order of the district court, denying the motion for a certificate of
innocence, is AFFIRMED.
2