United States v. Matthew Moore
708 F.3d 639
5th Cir.2013Background
- Robair died from internal bleeding due to ruptured spleen after NOPD officers Williams and Moore allegedly beat him and filed a false report.
- Moore, Williams were tried by jury; Williams convicted of §242 death and §1519 obstruction; Moore convicted of §1519 obstruction and §1001 false statement.
- Officers drafted a misleading incident report and lied about the beating; initial hospital treatment treated as drug overdose.
- Autopsies found internal bleeding from spleen rupture and multiple rib fractures; some injuries purportedly consistent with a beating.
- Defendants argue insufficiency of evidence and challenge sentences; district court imposed concurrent/multi-count sentences; appellate review sought.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for §242 death conviction | Williams supported by eyewitnesses of kick | Death not foreseeable from kick; alternative causes alleged | Evidence supported proximate cause and foreseeability of death. |
| Sufficiency of evidence for Moore on §1519 count | Moore aided and abetted false report by participating | Moore did not write report or hinder an investigation | Sufficient evidence Moore aided and abetted the false report. |
| Sufficiency of evidence for Moore on §1001 false statements | Statements were material to FBI consideration | Statements not material to decision | Statements were material and separate from Count 2. |
| Sentencing base offense for Williams (voluntary vs involuntary manslaughter) | Use voluntary manslaughter as base offense | Incorrect to apply; challenge to guidelines | Court properly used voluntary manslaughter as base offense; no error. |
| Plain error in cross-reference 2J1.2(c)(1) analysis for Moore | Challenge to cross-reference application | No plain error; cross-reference properly applied. |
Key Cases Cited
- United States v. Brugman, 364 F.3d 616 (5th Cir. 2004) (elements of §242 and proximate cause principles cited)
- United States v. Hayes, 589 F.2d 811 (5th Cir. 1979) (proximate cause and foreseeability for civil rights death charges)
- United States v. Chenault, 844 F.2d 1124 (5th Cir. 1988) (jury instruction on foreseeability and common understanding)
- United States v. Browner, 889 F.2d 549 (5th Cir. 1989) (defining voluntary manslaughter elements in sentencing)
- United States v. Holmes, 406 F.3d 337 (5th Cir. 2005) (jury may choose among reasonable inferences)
- United States v. Gulley, 526 F.3d 809 (5th Cir. 2008) (aiding and abetting analysis standards)
- United States v. Jaramillo, 42 F.3d 920 (5th Cir. 1995) (aiding and abetting elements)
- United States v. Reedy, 304 F.3d 358 (5th Cir. 2002) (multiplicity and distinct counts handling)
- United States v. McDougle, 82 F. App’x 153 (6th Cir. 2003) (sentencing in related obstruction scenarios)