No. 23-6178

Decardo Moore v. United States

Lower Court: Sixth Circuit
Docketed: 2023-12-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: concurrent-sentencing criminal-sentencing fact-finding intent-finding mental-health mental-illness plea-colloquy procedural-reasonableness second-degree-murder sentencing-errors substantive-reasonableness venue-insufficiency
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2024-01-05
Question Presented (AI Summary)

Adequacy-of-sentencing-consideration-for-mental-illness

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Question IWas there adequate consideration at sentencing of Moore’s mental illness such as to make his sentence procedurally and substantively erroneous and greater than necessary? Question [-Was Mr. Moore’s sentence procedurally and substantively unreasonable due to an erroneous fact finding that Moore intended to shoot Mr. Versi, and penalizing him with a life sentence for it, while Moore said it was an accident? Should the District Court have considered a lesser sentencing for second degree murder where it did not do so. Question IIIWas the plea of guilty insufficient as venue was not sufficiently established as to show that Moore committed any crimes in the Western District of Tennessee where only the Indictment states each count occurred in the Western District of Tennessee, PageID 5, but that was not admitted nor established in the plea Colloquy? Question IV — Shouldn’t the sentences given Moore have been run concurrently rather than consecutively such that it was procedurally unreasonable to run them all consecutively. 2 LIST OF ALL

Docket Entries

2024-01-08
Petition DENIED.
2023-12-14
DISTRIBUTED for Conference of 1/5/2024.
2023-12-11
Waiver of right of respondent United States to respond filed.
2023-11-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2024)

Attorneys

Decardo Moore
Michael Martin LosavioMichael Losavio, Attorney at Law, Petitioner
Michael Martin LosavioMichael Losavio, Attorney at Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent