U.S. v. Moore

Dist. Ct. did not err in imposing 235-month term of incarceration on charge of interference with commerce by robbery, where Dist. Ct. imposed said sentence consecutively to state conviction on attempted murder and aggravated battery charges. Although said state charges formed part of relevant conduct in instant case, Dist. Ct properly considered section 3553(a) factors, when deciding to impose consecutive, rather than concurrent sentence, where: (1) record showed that instant charge involved defendant’s armed robbery of UPS truck and his verbal threat to life of truck driver and his actual shooting of potential witness to said robbery (that formed basis of state conviction); and (2) Dist. Ct. could properly view defendant’s actions as two crimes that were each so serious in their own right that only consecutive sentence would be appropriate.