United States of America v. Clayton Jackson

Little Rock, Arkansas criminal defense lawyer represented defendant charged with of threatening to assault and

murder a federal official, 18 U.S.C. § 115(a)(1)(B), and two counts of mailing

threatening communications, 18 U.S.C. § 876(c).



A grand jury indicted Jackson in early June 2020, after Jackson sent two letters

promising to kill two Federal Bureau of Investigation ("FBI”) agents and then

verbally reiterated similar threats. Jackson asserted in one letter to an agent that he

had "two bullets with both your names on it. And I swear with everything in me, I

will stop at nothing to kill both of you. So just know, you will be seeing me very

soon. That's not a threat. It's a promise.” He also claimed to know where one of

the FBI agents lived. When another FBI agent interviewed Jackson at a detention

facility where he was held on other charges, Jackson repeatedly emphasized his

sincere intent to kill one of the FBI agents, explaining "it's a guarantee, I mean, it's

a promise or I'll die trying.”



Jackson pled guilty to all five counts in November 2020. The presentence

investigation report ("PSR”) calculated a total offense level of 28 and his criminal

history category as VI, resulting in an advisory range of 140 to 175 months of

imprisonment under the United States Sentencing Commission Guidelines Manual

("Guidelines”). At the sentencing hearing, neither party objected to any aspect of

the PSR and the district court adopted it.



During the sentencing hearing the government introduced three letters that

Jackson did not dispute he sent while in custody. Jackson sent the first letter to an

unidentified person in June 2020, after his indictment. In it, Jackson explained he

would make an excuse to the presiding judge that he "was just pissed at the time”

when he made certain threats. He then wrote in the same letter: "But one thing is

for sure, [one of the FBI agents] will be killed. And that's how we'll make a name

for our organization[,]” later identified in the letter as White Pride Mafia. Jackson

asserted that while "[a]ll of these people look and think I'm blowing smoke[,]”



White Pride Mafia would become "a household name” once he "wipe[d] out” four

people, including one of the FBI agents he previously threatened, a U.S. Attorney,

and two of Jackson's associates. Jackson also indicated he had received "private

info” about these individuals. Jackson ended this letter by specifying he would

communicate further about "carrying out our plans” once he worked the details out

for his escape from custody.

The second letter the government introduced was one Jackson attempted to

send from jail in January 2021, after he pled guilty to the federal charges. In the

letter, Jackson described a plan to escape from federal custody when he was

transported for his sentencing hearing. In March, Jackson unsuccessfully tried to

escape from custody by assaulting an officer and attempting to take his keys.

The third letter introduced was one Jackson sent shortly after his failed escape

attempt. Jackson addressed this letter to the White Knights of the Ku Klux Klan,

requesting assistance in finding and "taking care” of two individuals he had

previously threatened to kill in a prior letter.

Considering Jackson's offense, relevant conduct, and the need to protect the

threatened individuals, the government argued for a sentence of "at least” twenty

years of imprisonment. Jackson, however, requested a sentence within the

Guidelines range.

Defendant was found guilty and was sentenced to 480 months in prison.



Affirmed.