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U.S. v. MOORE

No. 09-5935.

643 F.3d 451 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Martino MOORE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 1, 2011.

Attorney(s) appearing for the Case

ARGUED: David M. Bell , Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Daniel T. French , Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: David M. Bell , Office of the Federal Public Defender, Memphis, Tennessee, for Appellant. Daniel T. French , Assistant United States Attorney, Memphis, Tennessee, for Appellee.

Before: MARTIN and STRANCH, Circuit Judges; THAPAR, District Judge.

OPINION

THAPAR, District Judge.

Defendant Martino Moore, a four-time convicted felon, possessed a firearm one night in 2007. That event carried with it serious ramifications. It meant as an Armed Career Criminal he was subject to a mandatory minimum penalty of 180 months' imprisonment. Moore argues on appeal that the imposition of this mandatory minimum sentence, as applied to him, violates the Eighth Amendment...

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