United States v. James Moore
2010 U.S. App. LEXIS 22664
| 8th Cir. | 2010Background
- Moore, on supervised release for a prior drug conviction, sold crack cocaine to a confidential informant.
- Moore was convicted of possession with intent to distribute crack cocaine under 21 U.S.C. § 841(a)(1),(b)(1)(C).
- District court sentenced Moore to 188 months for the drug offense and 24 months consecutive for supervised release violation.
- Supreme Court vacated and remanded for reconsideration in light of Kimbrough v. United States (2007).
- On remand, district court applied retroactive amendments reducing crack/powder disparity, resulting in an advisory range of 130–162 months and a 130-month sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a downward variance was warranted to eliminate remaining crack/powder disparity. | Moore argues the court should variably reduce beyond amended guidelines. | Court may vary but wasn’t required; Moore’s history supports non-variance. | Not unreasonable; variance not required. |
| Whether the drug-quantity calculation was procedurally sound. | Aboud's testimony overstates quantity; Moore had personal-use evidence. | Credibility and quantity credibility lie with district court; quantity near top range. | No clear error; quantity supported. |
| Whether the two-level obstruction of justice enhancement was proper. | Moore lied to obtain leniency; enhancement improper. | Lies under oath at trial and sentencing justify enhancement. | Proper enhancement. |
| Whether the post-Booker and related guidelines issues were properly addressed. | Challenged enhancements, relevant conduct, and double jeopardy concerns. | Claims rejected; pre-Booker conduct and post-Booker application permitted; other issues merit rejection. | Arguments without merit. |
Key Cases Cited
- Kimbrough v. United States, 552 U.S. 85 (U.S. 2007) (discretion to vary from crack/powder disparity guidance)
- United States v. Feemster, 572 F.3d 455 (8th Cir. 2009) (narrow, deferential review of sentences; unusual to reverse)
- United States v. Lincoln, 413 F.3d 716 (8th Cir.) (credibility and fact-finding within district court’s province)
- United States v. Talamantes, 620 F.3d 901 (8th Cir. 2010) (permitted variance from amended crack guidelines not required)
- United States v. Barron, 557 F.3d 866 (8th Cir. 2009) (during variance and weighting discussions, agency bound by decision not to require variance)