United States v. Scott Nepoleon Moore

47 F.3d 1177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Scott Nepoleon MOORE, Defendant-Appellant. No. 94-50168. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 24, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Scott Nepoleon Moore appeals his 165-month sentence imposed following his convictions for conspiracy, in violation of 18 U.S.C. Sec. 371 ; armed bank robbery, in violation of 18 U.S.C. Sec. 2113 (d); and use of a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. Sec. 924 (c), (d). Moore contends the district court failed to state adequately its reasons for: (a) sentencing him at the high end of the applicable Guidelines range, and (b) ordering his federal sentence to run consecutively to his prior state sentence for an unrelated armed robbery. The government concedes that the district court erred by not explaining…