Sentencing

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7^th Circuit Court of Appeals

Case Name: United States of America v. Norvell Moore

Case No.: 16-1991

Officials: POSNER, FLAUM, and ROVNER, Circuit Judges.

Focus: Sentencing

Norvell Moore is before us for the third time, challenging the sentence he received following a retrial on two of the three offenses with which he was charged in connection with a 2010 carjacking. He was acquitted of both of those offenses, and then re-sentenced on a felon-in-possession conviction (see 18 U.S.C. § 922(g)(1)) that we affirmed in a prior appeal. See United States v. Moore, 763 F.3d 900, 914 (7th Cir. 2014) (“Moore I”). Unhappily for Moore, the district judge imposed the same sentence—240 months—that he had been given after the first trial, when he was convicted of both the felon-in-possession charge and a second weapons charge. Moore contends that the sentence is flawed for two reasons. First, he argues that because he was originally sentenced to a term of 120 months on the felon-in-possession conviction (to be served consecutively with an identical term on the companion firearm conviction), the district judge was obliged to impose the same term on that charge when he was re-sentenced. Second, although it is now clear that, as an armed career criminal, he was and is subject to a minimum term of 180 months on the felon-in-possession charge, the government waived any reliance on that enhanced minimum term by not pursuing it when he was originally sentenced. Beyond these two arguments, Moore pursuesno challenge to the substantive reasonableness of the sentence imposed. We find neither of the arguments he does make to be meritorious and affirm the sentence.

Affirmed

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