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Eleventh Circuit· 9/5/2008

United States v. Moore

Citations

  • 541 F.3d 1323

How courts have described this case

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

  • holding that no reduction was authorized where “the range upon which [the defendant’s] sentence was based [was] unaffected by” an amendment
  • holding that no reduction was authorized where “the range upon which [the defendant’s] sentence was based [was] unaffected by the change in her base offense level”
  • holding that where an amendment to the Guidelines reduced the defendant’s base offense level but the defendant’s total offense level was unchanged before and after the amendment as a result of the career-offender Guideline, § 3582(c)(2) relief was unavailable
  • holding that a defendant is not eligible for resentencing under § 3582(c)(2) 16 where “a retroactively applicable guideline amendment reduces a defendant’s base offense level, but does not alter the sentencing range upon which his or her sentence was based”
  • rejecting the argument that downward departure meant that the sentence was not based on the career offender guidelines; relied on by Lockett court
  • rejecting the argument that downward departures meant they were not sentenced based on the career offender guidelines ranges

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilson, Pryor, Cox

Read full opinion on CourtListener

Cited by

76 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

Other cases named United States v. Moore

452 other CourtListener records share this case name; the 50 most cited are listed.

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.