Case Citator › United States v. Moore

United States v. Moore

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Tenth Circuit
Citation
401 F.3d 1220
Decided
Confirmed treatments
1
Flagged citations read
28 of 28
Citing cases (total)
28
Treatment dates
2015

Status

Abrogated
A reviewed court treats this case as abrogated by later authority. United States v. Moore has been abrogated in part. All 28 flagged citations have been read, and one confirmed treatment is listed below.
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.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

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

  • 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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