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United States v. Moore

United States Court of Appeals, Seventh Circuit

April 24, 2015

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
ANTHONY T. MOORE, JR., Defendant-Appellant

Argued February 24, 2015

Appeal from the United States District Court for the Southern District of Illinois. No. 3:13-cr-30212-DRH-1 -- David R. Herndon, Judge.

For United States of America, Plaintiff - Appellee: Naana A. N. Frimpong, Attorney, Office of The United States Attorney, Chicago, IL.

For Michael Demarco, Defendant - Appellant: Claire Hollis Forster, Attorney, Chicago, IL.

Before EASTERBROOK, ROVNER, and SYKES, Circuit Judges.

OPINION

Page 399

ROVNER, Circuit Judge.

Anthony T. Moore, Jr. was convicted of interference with commerce by robbery, in violation of 18 U.S.C. § § 1951 and 2. He challenges the district court's decision to run his 235-month federal sentence consecutive to sentences imposed in state court for attempted murder, aggravated battery and possession with intent to deliver a controlled substance. We affirm.

Page 400

I.

On December 17, 2012, United Parcel Service (" UPS" ) driver Steven Roberts was returning to his delivery truck after attempting to deliver a package when he noticed a man walking down the middle of the street. A blue minivan drove slowly behind the man, trailing him by approximately two car lengths. Roberts returned the undelivered package to the back of his truck and then took his place in the driver's seat. The man, later identified as Moore, appeared next to him, armed with a revolver. Roberts ran from the truck, but slipped and fell in the mud between two houses. Moore caught up to him and threatened to shoot him if he ran again. With the gun trained on Roberts, Moore walked Roberts back to the truck and told him to drive. Moore crouched down on the passenger side of the truck's cab and directed Roberts to a dead-end street marked by abandoned houses and overgrown shrubbery.

During the ten- to fifteen-minute drive, Roberts noticed that the blue minivan that had trailed Moore earlier was now following the delivery truck. As Roberts drove, Moore told him, " Don't make me kill you," and " Don't get killed over somebody else's stuff, so just do like I say. Just do like I say." Tr. at 65. At times, Moore seemed " antsy and agitated" and at other times he was calm. Roberts took the opportunity of a calm moment to plead for his life, asking Moore not to kill him, and explaining that he had a wife and two children whom he wanted to see grow up. When they reached the dead-end street, Moore directed Roberts to park and turn off the truck. The minivan pulled in nearby, and after Moore made a phone call to a woman, another vehicle arrived on the scene. Moore directed Roberts to sit in the driver's seat and keep his head down. The drivers of the blue minivan and the second vehicle then began to unload packages from the UPS truck and place them in the minivan and the other vehicle. Roberts began to think that " this is it, that this is my last day on earth, this is--you know, once they're done--considering the location, and once they're done, I thought I was going to die back there on that road." Tr. at 66-67.

As the unloading progressed, an older couple in a Dodge Durango drove towards the UPS truck. At this point, Moore was crouched down in the passenger area with his gun pointed at Roberts. Moore whispered, " Don't say anything. I'll shoot you." The couple slowed as they passed the UPS truck and asked Roberts, " Is everything ok?" Roberts nodded at them and they drove on. Tr. at 68. The incident agitated Moore and he directed Roberts to drive to a second location approximately five minutes away. When they arrived at the second location, Roberts noticed that the drivers of the blue minivan and the other vehicle were gone, taking with them the packages that had already been unloaded. Moore directed Roberts to push the remaining packages closer to the back of the UPS truck so that it would be easier to finish unloading the truck. Moore also directed Roberts to open some packages to determine if the contents were worth stealing. Someone returned to continue unloading the truck. After the remaining packages were unloaded, Moore directed Roberts to go to the back of the truck and sit on the floor. Roberts told the jury:

[S]o I sat there. By now I'm robotic. I'm just--it's like I was in out-of-body kind of thing. I was there but I wasn't, and I was just doing what he said. And he told me to sit there, so I sat there and I put my head down and he was standing up over me with the gun pointed to me, and so I figured, well,

Page 401

they'vee taken everything and that he was 'fin to kill me. I put my head down and I just ask the Lord--I just put my head down and asked the Lord to receive my soul because of where we were located, that now they're done, I just figured he--I knew he was going to just kill me and leave me there. It was an ...

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