U.S. v. MOORER

No. 03-2476.

383 F.3d 164 (2004)

UNITED STATES of America v. Lavern MOORER, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 20, 2004.


Attorney(s) appearing for the Case

Gavin P. Lentz, (Argued), David P. Heim, Bochetto & Lentz, P.C., Philadelphia, PA, for Appellant.

Edmond Falgowski, Assistant United States Attorney, District of Delaware, Elizabeth A. Olson (Argued), Appellate Section, Criminal Division, United States Department of Justice, Washington, DC, for Appellee.

Before SLOVITER and FUENTES, Circuit Judges, and POLLAK, District Judge.


OPINION OF THE COURT

FUENTES, Circuit Judge.

In October 2001, Appellant Lavern Moorer was charged with possession with the intent to distribute cocaine and possession of a firearm. A year later, Moorer pled guilty and was sentenced to a term of 120 months in prison. Factored into this sentence was the District Court's decision to designate Moorer a "career offender," a designation arrived at by including Moorer...

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