Terrence Moore received a downward variance that resulted in a 27-month sentence after pleading guilty to selling crack cocaine, but the reason for the downward variance was different than the one the federal prosecutor agreed with. Moore’s attorney Martin Lester emphasized that his client had been part of the conspiracy to sell the drug for less than 60 days, and that Moore had sold only around eight ounces in total.
Attorney Lester also asked federal judge Curtis Collier for a downward variance from 33-44 months down to a range of 24-30 months based on legislation currently working its way through Congress.
He said the legislative branch is trying to eliminate the disparity between sentences for crack cocaine and powder cocaine, and that this legislation has the support of the Department of Justice.
Prosecutor Kyle Wilson said he supported this downward variance based on this reason, but Judge Collier did not. The judge questioned attorney Lester’s use of the phrase “unwarranted disparities” when discussing how the differences in mandatory minimum sentences have affected communities of color.
“How could it be an unwarranted disparity if this court is following the guidelines laid out by Congress?” asked Judge Collier. “They are the people’s representatives.”
Judge Collier declined to grant a downward variance based on that argument, but granted the variance after hearing persuasive arguments pertaining to Moore’s recent character. Attorney Lester said that 10 months before his client was even indicted, Moore had begun to “better his own life in order to support his family.” The attorney said Moore’s behavior completely changed once his son was born.
“His two employers said they are ready to hire him back when he gets out, and at one place he was trusted to make bank deposits,” the attorney said. “And all he wanted to do was work and support his family.”
Prosecutor Wilson countered by citing Moore’s long history of criminal conduct, which includes drug abuse, an aggravated assault with a gun, three positive drug screens in prison, evading arrest, and more. However, Judge Collier said Moore’s letters of support and his work history showed he was a much different defendant than many he sees.
“I accept full responsibility, and I have made a change,” Moore said when given a chance to speak. “I’m just trying to get out there and be a father to my (infant) son. I had a rough and wild lifestyle growing up, but I will make a change.”
The prosecution asked for 30 months, the defense asked for 24, and Judge Collier sentenced Moore to 27. After leaving prison, Moore will be on probation for three years.