United States of America v. Donnale C. Clay

Omaha, Nebraska, criminal defense lawyer represented the Defendant charged with possessing with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1), and for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2).

A jury later convicted Clay of simple possession of methamphetamine (a lesser
included of the possession-with-intent-to-distribute offense), see 21 U.S.C. § 844,
and of the firearms charge. Based on these convictions, the district court sentenced
Clay to consecutive 24- and 120-month terms of imprisonment and imposed a
$2,500 fine. On appeal, Clay challenges the district court’s denial of his motion to
suppress. He also contends that the district court erred procedurally at sentencing
and imposed a substantively unreasonable sentence. Having jurisdiction under 28
U.S.C. § 1291, we affirm the district court’s denial of Clay’s motion to suppress.
We also affirm Clay’s sentence in part but vacate Clay’s fine and remand for
redetermination of that aspect of Clay’s sentence. .

Affirmed