United States v. Frank Clay, Jr.

Summary

The court affirmed Clay's 151-month sentence and upheld all three Guidelines enhancements: reckless endangerment, possession of a firearm in connection with another felony, and possession of a stolen firearm. It held that the evidence supported findings that Clay's bites to an officer's penis created a substantial risk of serious bodily injury, that he intended to distribute the cocaine found in his possession, and that the firearm was stolen. The court also rejected Clay's challenge to the consecutive sentence because the issue was forfeited and failed even under plain-error review.