Skip to main content
· 5/15/2000

United States of America v. Benjamin Franklin Moore

Citations

  • 212 F.3d 441
  • 2000 U.S. App. LEXIS 10125
  • 2000 WL 576069

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that when determining what constitutes relevant conduct, “the district court ‘should consider the similarity, regularity, and temporal proximity of the conduct.’” (quoting United States v. Geralds, 158 F.3d 977, 979 (8th Cir. 1998))
  • holding that uncharged drug quantities were properly attributed to the defendant where the sale of those amounts occurred in the same city as the charged drug offense and occurred four to six months earlier
  • holding that uncharged drug quantities were part of the same course of conduct where the sale of those quantities occurred in the same city as the charged drug offense and occurred four to six months earlier
  • explaining that intent to distribute may be established by circumstantial evidence, including such things, as quantity, purity and presence of firearms, cash, packaging material, or other distribution paraphernalia
  • rejecting sufficiency challenge where Government had little evidence linking defendant to the house where the gun was found, but defendant’s admission of ownership to officer supported conviction
  • attributing to defendant drug quantities “that occurred during the commission of the offense of conviction, in preparation for that offense, or in the course of attempting to avoid detection or responsibility for that offense”

Source: CourtListener parenthetical corpus (CC0).

Judges: Arnold, Gibson, Beam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.