U.S. v. MOORE

No. 12-10630.

733 F.3d 161 (2013)

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

United States Court of Appeals, Fifth Circuit.

October 23, 2013.


Attorney(s) appearing for the Case

Leigha Amy Simonton , Assistant U.S. Attorney, U.S. Attorney's Office, Dallas, TX, for Plaintiff-Appellee.

Jason Douglas Hawkins , Federal Public Defender, Federal Public Defender's Office, Jerry Van Beard, Esq. , Assistant Federal Public Defender, Federal Public Defender's Office, Dallas, TX, Christopher Allen Curtis , Assistant Federal Public Defender, Federal Public Defender's Office, Fort Worth, TX, for Defendant-Appellant.

Before WIENER, DENNIS, and OWEN, Circuit Judges.


WIENER, Circuit Judge:

Defendant-Appellant Crystal Denise Moore ("Moore") appeals her sentence for a conspiracy that involved, inter alia, theft of United States Postal Service ("Postal Service") mail from a "collection box." She contends that the district court erred in calculating her offense level. Moore's appeal presents an interpretation issue of first impression regarding Application Note 4(C)(ii)(I) to Guideline § 2B1.1 ("the Note" or "sub-sub-paragraph...

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