United States v. Korey Moore
713 F. App'x 511
8th Cir.2017Background
- On Sept. 14, 2015, Sandra Walker called 911 saying her son Korey Moore was outside shooting; officer found 17 bullet holes in her car and 17 shell casings on the ground and arrested Moore nearby.
- At trial the government admitted Walker’s 911 call and Officer Wright’s testimony; Walker and her boyfriend later testified that Walker’s 911 call was a false report orchestrated by the boyfriend.
- Despite the recanted account, a jury convicted Moore of being a felon in possession of ammunition under 18 U.S.C. § 922(g)(1).
- At sentencing the district court found Moore qualified as an Armed Career Criminal under 18 U.S.C. § 924(e)(1) based on prior convictions including multiple third-degree domestic battery convictions under Ark. Code § 5-26-305(a)(1).
- The district court imposed the ACCA mandatory minimum of 180 months’ imprisonment; Moore appealed, challenging the sufficiency of the evidence and the ACCA designation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove knowing possession of ammunition | Government: testimony and 911 call support a finding Moore knowingly possessed ammunition | Moore: lack of physical/eyewitness evidence and Walker’s recantation undermine knowing-possession element | Conviction affirmed; viewed in light most favorable to verdict, a reasonable jury could find guilt beyond a reasonable doubt |
| Whether Arkansas third-degree domestic battery (§ 5-26-305(a)(1)) is a "violent felony" under ACCA | Government: the statute’s element of causing physical injury necessarily requires use of physical force, qualifying as a violent felony | Moore: contends third-degree domestic battery does not qualify as a crime of violence under § 924(e)(2)(B)(i) | Affirmed: the court held that causing physical injury entails the use of physical force, so Moore’s § 5-26-305(a)(1) convictions count as violent felonies for ACCA purposes |
Key Cases Cited
- United States v. Wiest, 596 F.3d 906 (8th Cir. 2010) (standard for reviewing sufficiency of the evidence)
- United States v. Cook, 603 F.3d 434 (8th Cir. 2010) (elements required to convict under § 922(g))
- United States v. Walker, 393 F.3d 842 (8th Cir. 2005) (discussing § 922(g) elements)
- United States v. Eason, 829 F.3d 633 (8th Cir. 2016) (Arkansas third-degree domestic battery statute is divisible)
- United States v. Winston, 845 F.3d 876 (8th Cir. 2017) (physical injury element implies use of physical force)
- United States v. Rice, 813 F.3d 704 (8th Cir. 2016) (reasoning that violent force is a prerequisite for physical injury)