U.S. v. Moore

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 21-2431
Decision Date: 
October 5, 2022
Federal District: 
S.D. Ill.
Holding: 
Affirmed

Dist. Ct. did not err in reducing defendant’s life sentence on drug and firearm convictions to 420-month term of incarceration, where defendant had sought sentence reduction under First Step Act, even though defendant had argued that he was entitled to much larger reduction due to intervening Supreme Court decision in Mathis, 579 U.S. 500, which, if in force at time of defendant’s sentencing, would have produced Guideline range of between 210 and 262 months of incarceration. While both government and Dist. Ct. held belief that defendant was legally entitled to lower sentence, Dist. Ct. could properly find that reduction to only 420-month term of incarceration was warranted, where examination of section 3553(a) factors indicated that defendant had extensive criminal history, and where defendant had engaged in extensive drug operation at issue in charged offenses that included possession of four firearms and ammunition. Ct. also rejected defendant’s argument that his only minor reduction in sentence constituted unwarranted disparity with respect to reduced sentence that co-defendant had received under First Step Act, where disparity could be explained by difference in section 3553(a) factors applicable to both defendant and co-defendant. (Amended opinion)