Crack Sentence Affirmed

In US v. Moore, No. 09-3309, the court affirmed defendant’s sentence for possession with intent to distribute crack cocaine, holding that 1) while Kimbrough permitted district courts to disagree with and vary from the amended crack cocaine guidelines, it did not require them to do so; 2) the district court’s rejection of defendant’s personal use testimony was not clearly erroneous; and 3) lying to obtain a lighter sentence was obstruction of justice under U.S.S.G. section 3C1.1, and the district court’s finding that defendant lied must be accepted unless clearly erroneous.

Related Resources

  • Read the Eighth Circuit’s Decision in US v. Moore, No. 09-3309

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