United States v. Moore, No. 16-1991 (7th Cir. 2017)Annotate this Case
In 2010, Moore stole a BMW after showing the driver a gun. He was captured by Chicago police after he crashed into another vehicle during a high-speed chase. A jury was unable to reach a verdict on a charge of carjacking, 18 U.S.C. 2119, but convicted him of carrying a firearm during and in relation to a crime of violence, 18 U.S.C. 924(c)(1)(A) and possession of a firearm following a felony conviction, section 922(g)(1). Judge Grady imposed a sentence of 240 months. The Guidelines advisory range was 360 months to life. Moore had three prior convictions for robbery, among other offenses. He had previously used a gun and had assaulted victims and a police officer. When he stole the BMW, he was still wearing an electronic monitoring bracelet. Judge Grady referred to “protecting the public.” After a re-trial on remand, a jury acquitted him of carjacking and carrying a firearm during the offense of carjacking. Judge Kocoras found Moore subject to a minimum prison term of 15 years under the Armed Career Criminal Act, 18 U.S.C. 924(e)(1), and imposed a below-Guidelines sentence of 240 months. The Seventh Circuit affirmed, rejecting arguments that on remand, Judge Kocoras was bound to re-sentence him to the same 120-month sentence originally imposed on the felon-in-possession conviction and that the government waived reliance on the 15-year minimum specified by the ACCA.