U.S. v. Moore

Federal 7th Circuit Court
Criminal Court
Jury
Citation
Case Number: 
No. 13-2905
Decision Date: 
August 19, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed and vacated in part and remanded
Defendant was entitled to new trial on section 924(c) charge alleging unlawful use of firearm during and in relation to crime of violence, where record showed that: (1) jury was deadlocked on closely-related predicate crime of violence stemming from allegation that defendant stole victim’s car while threatening her with gun; (2) during jury’s deliberation, Dist. Ct. improperly solicited partial verdict before jurors indicated that no further deliberations would be useful; and (3) Dist. Ct.’s actions may have resulted in premature guilty verdict on section 924(c) charge where jury was still deliberating on closely-related firearm charge. Ct further noted that Dist. Ct.’s action may have prevented jury from appreciating fact that guilty verdict on section 924(c) charge was logically irreconcilable with its continued deliberation on deadlocked firearms charge.