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United States v. Moore

June 26, 2007

UNITED STATES OF AMERICA
v.
DARNELL D. MOORE



The opinion of the court was delivered by: Sylvia H. Rambo United States District Judge

MEMORANDUM

I. Background

On June 21, 2007, Defendant Darnell D. Moore entered a plea of guilty to Count III of an indictment charging him with a violation of Title 18 U.S.C. § 924(c), use of a firearm during a crime of violence (bank robbery). Subsequent to the plea, an evidentiary hearing was held to determine if the firearm was discharged (18 U.S.C. § 924(c)(1)(A)(iii)); was brandished (18 U.S.C. § 924(c)(1)(A)(ii)); or was carried (18 U.S.C. § 924(c)(1)(A)(I)). Each carries a different mandatory minimum sentence: discharging -- ten years; brandishing -- seven years; and carrying -- five years.

II. Findings of Fact

The following facts are found as a result of the evidentiary hearing.

1. The bank robbery occurred on March 23, 2007 at the Sovereign Bank in Shrewsbury, Pennsylvania.

2. Defendant Moore was the driver of the get-away vehicle.

3. Co-defendant Carter did the actual robbery in the bank.

4. The details of the robbery were not discussed between the two defendants.

5. Defendant Moore knew that Carter always carried a firearm on his person.

6. When Carter exited the get-away vehicle to enter the bank, Moore saw Carter with a fully loaded magazine in his hand.

7. Surveillance tapes show Carter brandishing a firearm in his left hand during the robbery.

8. Carter fired the gun shortly after entering the bank.

9. A casing from a bullet was found on the ...


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