Lance Africk
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Lance Michael Africk (born December 1, 1951) is a
United States district judge The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
for the
United States District Court for the Eastern District of Louisiana The United States District Court for the Eastern District of Louisiana (in case citations, E.D. La.) is a United States federal court based in New Orleans. Appeals from the Eastern District of Louisiana are taken to the United States Court of Ap ...
.


Education and career

The
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
-born Africk received a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four years ...
from the
University of North Carolina The University of North Carolina is the multi-campus public university system for the state of North Carolina. Overseeing the state's 16 public universities and the NC School of Science and Mathematics, it is commonly referred to as the UNC Sy ...
at
Chapel Hill Chapel Hill or Chapelhill may refer to: Places Antarctica * Chapel Hill (Antarctica) Australia *Chapel Hill, Queensland, a suburb of Brisbane *Chapel Hill, South Australia, in the Mount Barker council area Canada * Chapel Hill, Ottawa, a neighbo ...
in 1973, and two years later a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
from the
University of North Carolina School of Law The University of North Carolina School of Law is the law school of the University of North Carolina at Chapel Hill. Established in 1845, Carolina Law is among the oldest law schools in the United States and is the oldest law school in North Carol ...
. From 1975 to 1976, he was a
law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
to James Gulotta, a judge of the Louisiana 4th Circuit Court of Appeals. He entered the private practice of law in
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
from 1976 to 1977, and was thereafter Director of the Career Criminal Bureau for the
Orleans Parish New Orleans ( , ,New Orleans
Merriam-Webster.
; french: La Nouvelle-Orléans , es, Nuev ...
District Attorney's Office from 1977 to 1980. He returned to private practice until 1982, and then became an Assistant
United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
for the
United States District Court for the Eastern District of Louisiana The United States District Court for the Eastern District of Louisiana (in case citations, E.D. La.) is a United States federal court based in New Orleans. Appeals from the Eastern District of Louisiana are taken to the United States Court of Ap ...
until 1990. In 1986, he began teaching as an instructor at the
University of New Orleans The University of New Orleans (UNO) is a public research university in New Orleans, Louisiana. It is a member of the University of Louisiana System and the Urban 13 association. It is classified among "R2: Doctoral Universities – High rese ...
.


Federal judicial service

Africk became a
United States magistrate judge In United States federal courts, magistrate judges are judges appointed to assist U.S. district court judges in the performance of their duties. Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduct ...
for the
United States District Court for the Eastern District of Louisiana The United States District Court for the Eastern District of Louisiana (in case citations, E.D. La.) is a United States federal court based in New Orleans. Appeals from the Eastern District of Louisiana are taken to the United States Court of Ap ...
in 1990. After the election of
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
in
1992 File:1992 Events Collage V1.png, From left, clockwise: 1992 Los Angeles riots, Riots break out across Los Angeles, California after the Police brutality, police beating of Rodney King; El Al Flight 1862 crashes into a residential apartment buildi ...
, Africk changed his party affiliation from Republican to Democrat. He did not obtain nomination for a judgeship under Clinton. On January 23, 2002, by which time he had returned to Republican registration, Africk was nominated by President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
to a seat on the
United States District Court for the Eastern District of Louisiana The United States District Court for the Eastern District of Louisiana (in case citations, E.D. La.) is a United States federal court based in New Orleans. Appeals from the Eastern District of Louisiana are taken to the United States Court of Ap ...
vacated by
Edith Brown Clement Edith "Joy" Brown Clement (born April 29, 1948) is a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit, based in New Orleans, Louisiana. Background Clement was born in Birmingham, Alabama, the daugh ...
. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on April 17, 2002, and received his commission the same day. More conservative Republicans opposed Bush's selection of Africk, whose past Democratic affiliation caused them discomfiture; the publication ''Gambit Weekly'' reported that shipbuilder Donald Thomas "Boysie" Bollinger of Lockport in
Lafourche Parish Lafourche Parish (french: Paroisse de la Fourche) is a parish located in the south of the U.S. state of Louisiana. The parish seat is Thibodaux. The parish was formed in 1807. It was originally the northern part of Lafourche Interior Parish, whi ...
, a major GOP donor and the son of former party chairman
Donald G. Bollinger Donald is a masculine given name derived from the Gaelic name ''Dòmhnall''.. This comes from the Proto-Celtic *''Dumno-ualos'' ("world-ruler" or "world-wielder"). The final -''d'' in ''Donald'' is partly derived from a misinterpretation of the ...
, was the driving force behind the Africk nomination.


Notable case

On March 31, 2011, Africk sentenced former New Orleans police officer David Warren to 25 years and 9 months in federal prison on a federal civil rights violation of committing
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
with a firearm in the case of the death of Henry Glover. Africk sentenced another former officer, Greg McRae, to 17 years and 3 months in prison and three years of supervised release on
obstruction of justice Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other gov ...
and another
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...
charge. "Henry Glover was not at the strip mall to commit suicide. He was there to retrieve some baby clothing. You killed a man. Despite your tendentious arguments to the contrary, it was no mistake," Africk told Warren. On December 17, 2012, the Fifth Circuit vacated Warren's conviction and one of the convictions related to McRae, ordering new trials on those charges. The three-judge panel found, among other concerns, that the trials of the two men should have been conducted separately. In 2013, Warren was acquitted. In 2014, Africk resentenced McRae to the same punishment. He dismissed calls for leniency on the grounds of Warren's acquittal, calling it "irrelevant." He said McRae's crime was separate and should be punished individually.
"You did not merely burn a corpse, you, a law enforcement officer, burned a corpse to obstruct justice."
In 2015, McRae was granted a resentencing hearing after his obstruction of justice conviction was overturned entirely. In 2016, Africk reduced McRae's sentence to 11 years and nine months, which was within the federal guidelines. However, he rejected calls for a greater reduction on the grounds that McRae was mentally disturbed at the time of the crime. He said a long prison sentence was still warranted due to the severity of the crime.
"The facts behind your conviction deal with much more than the burning of an automobile. By hiding behind a
blue wall of silence The blue wall of silence, also blue code and blue shield, are terms used to denote the supposed informal code of silence among police officers in the United States not to report on a colleague's errors, misconducts, or crimes, especially as rel ...
, you were hiding the truth."


Other interests

Africk served as the 54th president of the
Sugar Bowl The Sugar Bowl is an annual American college football bowl game played in New Orleans, Louisiana. Played annually since January 1, 1935, it is tied with the Orange Bowl and Sun Bowl as the second-oldest bowl games in the country, surpassed onl ...
Committee in 2011–2012, and oversaw the game in which the
University of Michigan Wolverines The Michigan Wolverines comprise 29 varsity sports teams at the University of Michigan. These teams compete in the National Collegiate Athletic Association, NCAA's NCAA Division I, Division I and in the Big Ten Conference in all sports except wo ...
defeated
Virginia Tech Virginia Tech (formally the Virginia Polytechnic Institute and State University and informally VT, or VPI) is a Public university, public Land-grant college, land-grant research university with its main campus in Blacksburg, Virginia. It also ...
in an overtime win. Thereafter he helped in the presentation of the Sugar Bowl Trophy to Brady Hoke and the Wolverines team.


Notes


References

* {{DEFAULTSORT:Africk, Lance 1951 births Living people Judges of the United States District Court for the Eastern District of Louisiana Louisiana Republicans Louisiana Democrats Lawyers from New York City Politicians from New Orleans United States district court judges appointed by George W. Bush 21st-century American judges United States magistrate judges University of New Orleans faculty University of North Carolina School of Law alumni Assistant United States Attorneys