United States v. Moody

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Milwaukee police responded to shots fired behind a residence and discovered Moody with a loaded pistol. Moody admitted that the gun was his. He pleaded guilty to possessing a firearm as a felon, 18 U.S.C. 922(g)(1). Moody had a 1993 Florida conviction for armed burglary of a dwelling, another Florida conviction a year later for robbing a motel with a firearm, and a 2005 Wisconsin conviction for robbing a bank. The convictions brought Moody within the Armed Career Criminal Act, 18 U.S.C. 924(e). After thoroughly questioning Moody, the court accepted his guilty plea. The probation officer reported that Moody was subject to a 15-year statutory minimum sentence under the ACCA. If not for that mandatory penalty, Moody’s guidelines range under U.S.S.G. 4B1.4 would have been 135 to 168 months, based on a total offense level of 30 and criminal history category of IV. Neither party objected; the district court adopted the report. The government, complying with the plea agreement, recommended a 15-year prison term. The court imposed a 12-year sentence. The Seventh Circuit remanded for resentencing before a different judge and agreed with Moody’s counsel that there were no nonfrivolous arguments for setting aside the plea, dismissing his counter-appeal.View "United States v. Moody" on Justia Law