U.S. v. Moore

Dist. Ct. did not err in re-sentencing defendant to 240-month term of incarceration on felon-in-possession of firearm charge, even though: (1) Dist. Ct. had imposed 120-month term of incarceration for same felon-in-possession of firearm charge at first trial, along with consecutive 120-month sentence on companion use and carrying firearm conviction; (2) Ct. of Appeals vacated use and carrying of firearm conviction and remanded matter for new trial on carjacking and use and carrying firearm charges; and (3) defendant was subsequently acquitted of carjacking and use and carrying firearm charges. Dist. Ct. was not required to re-sentence defendant to same 120-month sentence originally imposed on felon-in-possession of firearm conviction, since: (1) original remand contemplated full re-sentencing hearing after completion of second trial; and (2) original 120-month sentence was not stand alone sentence, but rather was part of sentencing package. Ct. also rejected defendant’s contention that govt. waived any reliance on 15-year minimum sentence specified by Armed Career Criminal Act (ACCA), which otherwise applied to defendant’s sentence, even though both defendant and govt. had failed to note its applicability at first sentencing hearing. (Dissent filed.)