Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 05-08-2022

Case Style:

United States of America v. Clayton Jackson

Case Number: 21-1744

Judge: Per Curiam

Court: United States Court of Appeals for the Eighth Circuit on appeal from the Eastern District of Arkansas (Pulaski County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:





Click Here to Watch How To Find A Lawyer by Kent Morlan

Click Here For The Best Little Rock Criminal Defense Lawyer Directory



Description: 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.

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

Affirmed.

Plaintiff's Experts:

Defendant's Experts:

Comments:



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: