United States v. Moore
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Johnson v. United States invalidated the ACCA residual clause on which Moore relied to hold that every escape is a violent felony. After Chambers v. United States, the Tenth Circuit had already said in United States v. Shipp that it must disregard its rule treating escape as a violent felony in every case. Moore's separate holding that judges may determine the existence and legal classification of prior convictions without a jury was applied by the citing opinions.
28 later cases cite United States v. Moore; 28 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on United States v. Moore?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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The Supreme Court invalidated the ACCA residual clause that supported Moore's categorical holding that escape is a violent felony.
Johnson v. United States · Supreme Court of the United States · filed
We hold that imposing an increased sentence under the residual clause of the Armed Career Criminal Act violates the Constitution's guarantee of due process.
Read the full opinion on CourtListener →
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