USA v. Troy A. Moore, (8th Cir. 1997)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 97-1648
United States of America, Appellee, from the United States v. District Court for the Eastern District of Arkansas. Troy A. Moore, Appellant. [UNPUBLISHED]
Submitted: October 7, 1997 Filed: October 15,
Appeal
Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges.
PER CURIAM.
After Troy A. Moore pleaded guilty to distributing cocaine base in violation of 21 U.S.C. § 841(a)(1), the 1district court sentenced him to 121 months imprisonment and five years supervised release. Moore appeals, arguing that the district court erred in finding he was willing to sell cocaine base, as opposed to cocaine powder, to a confidential informant for the Little Rock Police Department (LRPD); he also complains that the LRPD set up two controlled buys from him after he initially fronted
drugs to the confidential informant. We affirm.
We conclude that the district court did not err. See United States v. Stavig, 80 F.3d 1241, 1245 (8th Cir. 1996) (standard of review). The evidence presented at sentencing and credited by the district court shows that Moore provided the confidential informant with cocaine base even though the informant did not specify on that occasion that he wanted cocaine base rather than cocaine powder. Cf. United States v. Lenfesty, 923 F.2d 1293, 1300 (8th Cir.) (finding no sentencing entrapment where subject of investigation elicited predisposition to provide any quantity demanded). Furthermore, the LRPD officer who set up the controlled buys testified that the LRPD had engaged in a second buy in order to identify Moore&s source. See United States v. Shephard, 4 F.3d 647, 649 (8th Cir. 1993) (police may "continue to deal with someone with whom they have already engaged in illicit transactions in order to #trace the drug deeper into the distribution hierarchy&").
Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
[1] The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas.
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This document cites
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Plaintiff-Appellee, v. Mikkel H. Stavig, Defendant-Appellant., 80 F.3d 1241 (8th Cir. 1996)
- US Code - Title 21: Food and Drugs - 21 USC 841 - Sec. 841. Prohibited acts A
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Plaintiff-Appellee, v. Donald K. Shephard, Defendant-Appellant., 4 F.3d 647 (8th Cir. 1993)
- U.S. Court of Appeals for the Eighth Circuit - United States of America, Appellee, v. Gary James Lenfesty, A/K/a Gary James Leufesty, Appellant. United States of America, Appellee, v. Robert Richard Redinger, Appellant. United States of America, Appellee, v. Dennis Craig Smith, Appellant. United States of America, Appellee, v. Twila Sue Smith, Appellant. United States of America, Appellee, v. Larry Dean Bakke, A/K/a 'Loco,' Appellant., 923 F.2d 1293 (8th Cir. 1991)
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