United States v. Moore, No. 14-3559 (7th Cir. 2015)
Annotate this CaseMoore and three others were arrested after a spending spree that involved their use of counterfeit debit and credit cards at Walgreens pharmacies. Moore was charged with conspiracy to use and possess counterfeit or unauthorized access devices, 18 U.S.C. 1029(b)(2), and possession of at least 15 unauthorized access devices, 18 U.S.C. 1029(a)(3). He pleaded guilty to the second count. The U.S. Probation Office determined that the total loss amount was $30,516.25 by attributing loss of $500 for 59 of the 60 cards and then adding the actual loss of $1,016.25 spent on the 60th card, Moore argued that the calculation should not apply to counterfeit cards “one comes merely to possess” but should only apply to the counterfeit cards “actually used” and that the proper loss calculation was $4,516.25. The district court rejected Moore’s argument and imposed a sentence of 24 months’ imprisonment followed by supervised release. The Seventh Circuit affirmed the sentence, rejecting a challenge to the court’s calculation of underlying loss. The court vacated the imposition of a term of supervised release, stating that before it imposes a term of supervised release, the sentencing court must first make a finding that it is necessary under the circumstances.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.