Lance A. Clarke, partner at Hamilton Clarke, LLP, recently argued before the United States Court of Appeals for the Second Circuit in the case of United States v. Darren Smith (No. 24-940), challenging significant due process violations that impacted his client’s sentencing. The appeal stemmed from a case Clarke previously tried in the Southern District of New York, where the government charged Darren Smith with, among other offenses, the attempted murder of a federal officer.
Clarke secured a significant victory as the jury chose not to convict Smith of attempted murder. This decision came despite the government's claim that the incident—where the defendant held a weapon that discharged five times toward officers—was captured on video and presented during the trial.
Despite the government’s failure to obtain a conviction on this charge, Clarke argued that the district court improperly relied on the unproven conduct at sentencing, effectively punishing Smith for a crime the government could not prove beyond a reasonable doubt.
In his appeal, Clarke contended that this reliance on acquitted or unproven conduct violated fundamental principles of due process and fairness in sentencing. He further challenged the district court’s application of the official-victim enhancement, asserting that the government failed to meet the necessary legal standard, and argued that Smith was wrongly denied a sentencing reduction for acceptance of responsibility.
The full recording of Clarke’s argument before the Second Circuit can be accessed here: Second Circuit Oral Argument – Case No. 24-940.