Appeals Court Vacates Sex Offender Treatment Condition in Bank Robbery Sentence

A federal appeals court in Denver has overturned a sex offender treatment requirement imposed during a defendant's sentencing for attempted bank robbery, citing violations of federal sentencing procedures. James Robert Clark, currently serving a 78-month sentence for his December 2023 bank robbery attempt in Commerce City, was also subjected to two years of supervised release, which included a condition requiring participation in sex offender evaluation and treatment. This condition was based on allegations from 21 years prior involving a hands-on sex assault that Clark denies. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit determined that the district court erred by failing to establish the truth of the old allegations or omit them from consideration, as required by law. The court emphasized that Clark objected to the inclusion of these unproven claims in his sentencing documents. The panel noted that the original allegations were never admitted or proven, and the trial judge was obligated to address their validity. Clark's history includes a 2003 attempted sex assault on a child, for which he pleaded guilty and served time. After his release, he committed a...