Date: 03-24-2024

Case Style:

United States of America v. Marcus Cloke

Case Number: 3:23-CR-30059

Judge: Roberto A. Lange

Court: The United States District Court for the District of South Dakota (Minnehaha County)

Plaintiff's Attorney: The United States Attorney’s Office for Sioux Falls

Defendant's Attorney:

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Description:

Sioux Falls, South Dakota criminal defense lawyer represented the Defendant charged with Assaulting, Resisting, and Impeding a Federal Officer.

Marcus Cloke, age 19, from Wolf Point, Montana, was sentenced to nine years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Cloke was indicted for Assaulting, Resisting, and Impeding a Federal Officer by a federal grand jury in May of 2023. He pleaded guilty on December 7, 2023.

Cloke was transferred to the Rosebud Sioux Tribe Adult Corrections Facility in Mission, South Dakota, from the Fort Peck Adult Correctional Facility in Poplar, Montana. The defendant was serving a sentence after being convicted in Fort Peck Tribal Court. On May 6, 2023, the defendant was housed in the disciplinary unit refusing to go to his individual cell. A correctional officer entered the unit to speak to the defendant. Rather than going back to his cell, the defendant struck the officer in the face and a struggle ensued, with the defendant continuing to throw punches at the officer. The officer wrestled the defendant to the floor to gain control. The defendant, however, was able to grab the officer’s baton and struck the officer in the head numerous times. As the two continued to wrestle, the defendant was able to gain an advantage and position himself on top of the officer. The defendant then used his fists to strike the officer in the face and body. The officer had significant swelling to his right eye, lacerations to his lip, forehead, and scalp, and bruising to his tongue, left ear, and right jaw. The officer received staples for his scalp laceration and sutures for his forehead laceration.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Rosebud Sioux Tribe Adult Corrections Facility. Assistant U.S. Attorney Abby Roesler prosecuted the case.

Cloke was immediately remanded to the custody of the U.S. Marshals Service.

Outcome:

Defendant was found guilty and sentenced to nine years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims

Plaintiff's Experts:

Defendant's Experts:

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