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United States v. Moore

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Submitted: June 18, 2010

Before LOKEN, BRIGHT, and GRUENDER, Circuit Judges.

While on supervised release for a prior drug conviction, James Eric Moore sold crack cocaine to a confidential informant. A jury found Moore guilty of possession with intent to distribute crack cocaine in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C); the district court sentenced him to 188 months in prison. In a separate proceeding, the court also found that Moore violated the terms of his supervised release, granted the government’s petition to revoke, and imposed a consecutive 24-month sentence for that violation. Moore appealed both sentences, and we affirmed. United States v. Moore, 470 F.3d 767 (8th Cir. 2006). The Supreme Court vacated and remanded for reconsideration in light of Kimbrough v. United States, 552 U.S. 85 (2007). Moore v. United States, 552 U.S. 1090 (2008), and 129 S.Ct. 4 (2008). We remanded for resentencing under Kimbrough, which held that district courts may vary from the advisory guidelines range because of the Guidelines’ sentencing disparity between crack and powder cocaine offenses. 552 U.S. at 110-11. On remand, the district court*fn1 conducted a full resentencing. Applying the retroactive amendments that reduced the Guidelines’ disparity between crack and powder cocaine sentencing, see U.S.S.G. App. C, amend. 706, 711, 713 (2009), the court determined an advisory sentencing range of 130-162 months in prison and sentenced Moore to 130 months for the drug offense. Moore appeals. We affirm.

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