United States v. Brian Moore , 484 F. App'x 86 ( 2012 )


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  •                  United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 10-3200
    ___________________________
    United States of America
    lllllllllllllllllllll Plaintiff - Appellee
    v.
    Brian Moore
    lllllllllllllllllllll Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the District of South Dakota - Sioux Falls
    ____________
    Submitted: August 1, 2012
    Filed: August 10, 2012
    [Unpublished]
    ____________
    Before COLLOTON and BENTON, Circuit Judges, and KOPF,1 District Judge.
    ____________
    PER CURIAM.
    This case is on remand from the Supreme Court. In our opinion filed July 14,
    2011, United States v. Moore, 461 F. App’x 517 (8th Cir. 2011), we affirmed Brian
    1
    The Honorable Richard G. Kopf, United States District Judge for the District
    of Nebraska, sitting by designation.
    Moore’s conviction under 
    21 U.S.C. § 841
    (b)(1)(A), and we affirmed his sentence.
    Moore then petitioned the Supreme Court for a writ of certiorari. The Supreme Court
    granted the petition, vacated our judgment, and remanded the case for further
    consideration in light of Dorsey v. United States, 
    132 S. Ct. 2321
     (2012).
    We affirm Moore’s conviction for the reasons stated in our prior opinion. 461
    F. App’x at 517-18. As for Moore’s sentence, Dorsey held that “the new, more
    lenient mandatory minimum provisions” of the Fair Sentencing Act (“FSA”) “apply
    to offenders who committed a crack cocaine crime before August 3, 2010, but were
    not sentenced until after August 3.” 
    132 S. Ct. at 2326
    . Moore fits the profile
    described in Dorsey. A jury found Moore guilty of conspiracy to distribute with
    intent to distribute 50 grams or more of a mixture and substance containing cocaine
    base on December 10, 2009. Because Moore had a qualifying felony drug conviction,
    the district court sentenced him on September 23, 2010, to a mandatory minimum
    sentence of 20 years of imprisonment under 
    21 U.S.C. § 841
    (b)(1)(A). Pursuant to
    Dorsey and the FSA, the drug quantity range found by the jury no longer requires
    imposition of the same statutory mandatory sentence. We therefore vacate Moore’s
    sentence and remand the case to the district court for resentencing consistent with the
    Supreme Court’s ruling in Dorsey and the FSA.
    ______________________________
    -2-
    

Document Info

Docket Number: 10-3200

Citation Numbers: 484 F. App'x 86

Judges: Benton, Colloton, Kopf, Per Curiam

Filed Date: 8/10/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023