Moore v. United States (2008)
- Docket
- 07-10689
- Decided
- 2008-01-01
Summary
Question: Did the Court of Appeals for the Eighth Circuit err when it presumed the district court was aware of its discretion to consider the disparity between the United States Sentencing Guidelines' treatment of crack and powder cocaine offenses when sentencing Mr. Moore? Conclusion: Yes. In a per curiam opinion without argument, the Supreme Court held that the United States Court of Appeals for the Eighth Circuit erred in presuming the district court knew it had, but chose not to exercise, discretion to consider the disparity between the United States Sentencing Guidelines' treatment of crack and powder cocaine offenses when sentencing Mr. Moore. It found the district court was not aware of this power. The Court reversed the court of appeals and remanded the case with instructions for the trial court to resentence Mr. Moore based on this opinion.