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United States v. Moore

United States District Court, E.D. Virginia, Richmond Division

July 7, 2015

UNITED STATES OF AMERICA,
v.
JAMES E. MOORE, Petitioner. Criminal Action No. 3:07-CR-266

MEMORANDUM OPINION

JAMES R. SPENCER, Senior District Judge.

THIS MATTER is before the Court on pro se Petitioner James Edward Moore's Motion to Vacate, Correct or Set Aside Sentence Pursuant to Under 28 U.S.C. § 2255(f)(3) ("§ 2255 Motion") (ECF No. 189). For the reasons set forth below, the § 2255 Motion is DISMISSED.

I. BACKGROUND

a. Factual Background

As alleged in the Statement of Facts (ECF No. 76), Petitioner James Edward Moore ("Moore" or "Petitioner") along with his co-conspirators, Vincent Ydell Moore, Jr. ("Ydell"), Bessie Coretta Washington ("Washington"), Vincent Moore, Sr. ("Senior"), William Clark ("Clark"), and Carl Dandridge ("Dandridge"), did unlawfully, knowingly and intentionally combine, conspire, confederate and agree with each other and others, both known and unknown, to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of cocaine base, commonly known as "crack."

On October 30, 2006, a person secretly cooperating with law enforcement contacted Moore by telephone and arranged with him a time and location to make a transaction for a controlled substance. The individual met Moore in a parking lot in King William County, Virginia, and attempted to purchase cocaine from Moore. The purchase ultimately failed when the cooperating informant refused to purchase the controlled substance from one of Moore's helpers rather than Moore himself.

On February 14, 2007, in the house and on the property located at 2516 Mahixon Road, Manquin, Virginia, on February 15, 2007, in the house and on the property located at 2574 Mahixon Road, Manquin, Virginia, on March 13, 2007 and on May 14, 2007, in the house and on the property located at 2801 Mahixon Road, Manquin, Virginia, and on March 29, 2007, in the house and on the property located at 3503 Bullneck Road, Caret, Virginia, a person secretly cooperating with law enforcement, who was equipped with hidden audio and visual recording equipment, purchased crack cocaine from Ydell. Ydell was a known co-conspirator of Moore's, and was supplied narcotics for sale by Moore.

On February 28, 2007, May 9, 2007, May 15, 2007, and June 26, 2007, a person secretly cooperating with law enforcement, who was equipped with hidden audio and video recording equipment, purchased crack cocaine from Washington, in the house or on the property located at 3503 Bullneck Road, Caret Virginia. Washington was a known co-conspirator of Moore's, and was supplied narcotics for sale by Moore.

On March 23, 2007, and May 3, 2007, a person secretly cooperating with law enforcement purchased crack cocaine from Clark, in the house or on the property located at 3503 Bullneck Road, Caret Virginia. Clark was a known co-conspirator of Moore's, and was supplied those narcotics by Moore.

On June 21, 2007, a person secretly cooperating with law enforcement purchased crack cocaine from Dandridge in the house and on the property located at 2574 Mahixon Road, Manquin, Virginia. Dandridge was a known co-conspirator of Moore's, and was supplied the narcotics by Moore.

The total amount of crack cocaine distributed by Moore and his conspirators was in excess of 50 grams.

b. Procedural Background

On July 16, 2007, a federal grand jury in the Eastern District of Virginia returned a twenty-count sealed Indictment against Moore and his five co-defendants, alleging: (1) conspiracy to distribute cocaine base, in violation of 21 U.S.C. § 846 (count one); (2) unlawful use of communication device in commission of a felony, in violation of 21 U.S.C. § 843(b) (count two); (3) attempted distribution of cocaine hydrochloride, in violation of 18 U.S.C. §§ 841 and 846 (count three); (4) distribution of crack cocaine, in violation of 21 U.S.C. § 841(a)(1), 18 U.S.C. § 2 (counts four through fifteen and count nineteen); (5) possession of a firearm by felon, in violation of 18 U.S.C. § 922(g)(1) (counts sixteen and eighteen); (6) possession of crack with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), 18 U.S.C. § 2 (count seventeen); (7) maintaining establishment for drug distribution, in violation of 21 U.S.C. § 856(a)(1) (count twenty). Moore was specifically charged in counts one through seventeen and count nineteen.[1]

On August 9, 2007, Moore pleaded guilty to a Criminal Information, which charged Moore with knowingly, unlawfully and intentionally combining, conspiring, confederating and agreeing with others to commit offenses against the United States, to wit: to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of cocaine base, commonly known as "crack, " in violation of 21 U.S.C. § 846. ( See ECF Nos. 71, 75.) On November 19, 2007, this Court sentenced Moore to 240 months' imprisonment and five years of supervised ...


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