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Moye v. U.S.

'Residual Clause' Invalid But §924(c) Conviction Under Drug Trafficking Prong Is Valid

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OPINION AND ORDER In October 2016, Edwin Moye pleaded guilty to, first, participating in a racketeering conspiracy, and second, committing a firearms offense relating to both the racketeering conspiracy and a drug trafficking crime. The second offense was in violation of 18 U.S.C. §924(c)(1)(A) and therefore carried a mandatory consecutive sentence of sixty months’ imprisonment. In September 2017, Moye was sentenced to a total term of 156 months’ imprisonment. Moye now moves to vacate his sentence, arguing that his section 924(c) conviction rested on that statute’s since invalidated “Residual Clause.” While the Supreme Court did invalidate the Residual Clause in United States v. Davis, 139 S. Ct. 2319 (2019), Moye’s section 924(c) conviction also was predicated on a different prong of section 924(c) for drug trafficking crimes, which remains valid. His motion is thus denied. I. Background Moye was a member of the Leland Avenue Crew, a violent gang that operated in the vicinity of Leland Avenue in the Bronx. Presentence Investigative Report (“PSR”)

15-21. From at least 2012 through September 2015, members and associates of the Leland Avenue Crew sold cocaine base, commonly known as “crack cocaine,” often resorting to violence, including shootings and murders, to protect their turf from rival drug dealers. Id.. One of those rivals, a gang known as the Taylor Avenue Crew, controlled the distribution of crack cocaine in the vicinity of nearby Taylor Avenue. Id.

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