United States v. Jarrod Lonnie Moore
705 F. App'x 896
| 11th Cir. | 2017Background
- Jarrod Lonnie Moore pleaded guilty to one count of conspiracy to commit Hobbs Act robbery and two counts of Hobbs Act robbery (18 U.S.C. § 1951) and received a 57-month sentence at the low end of his Guidelines range.
- Moore did not enter the robbed stores, did not brandish the firearm, and did not personally carry out the robberies.
- Moore helped plan the robberies with codefendant Zachary Hubbard, assisted in obtaining the firearm used, encouraged a second robbery, and drove the getaway car for at least one robbery.
- At sentencing Moore sought a mitigating-role reduction under U.S.S.G. § 3B1.2 (minor or minimal participant).
- The district court denied the role reduction; Moore appealed, arguing he was less culpable than Hubbard and thus entitled to a reduction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moore was entitled to a mitigating-role reduction under U.S.S.G. § 3B1.2 (minor or minimal participant) | Moore: He was less culpable—didn't enter stores, brandish the gun, or commit the robberies—so qualifies for a reduction | Government/District Court: Moore planned the crimes, procured the firearm, encouraged additional robbery, and drove the getaway car, showing an instrumental role | Denied. Moore failed to prove by a preponderance that he was a minor or minimal participant; sentence affirmed |
| Whether being less culpable than a co-participant (Hubbard) alone requires a role reduction | Moore: His lesser role relative to Hubbard warrants adjustment | Government: Comparative lesser culpability is not dispositive; if neither participant is minor/minimal, no reduction | Denied. Court found comparative lesser culpability insufficient because neither defendant was minor or minimal |
Key Cases Cited
- United States v. Bernal-Benitez, 594 F.3d 1303 (11th Cir. 2010) (explains burden of proof and two-step role-in-offense analysis for § 3B1.2 reductions)
- United States v. Stanley, 739 F.3d 633 (11th Cir. 2014) (district court may compare defendant's conduct to other participants but is not required to do so)
- United States v. Rodriguez De Varon, 175 F.3d 930 (11th Cir. 1999) (en banc) (being less culpable than others does not automatically make a defendant a minor or minimal participant)