United States v. Moore

MEMORANDUM OPINION AND ORDER

RICHARD W. ROBERTS, District Judge.

Petitioner Curtis Allen Moore, Jr., filed a motion to vacate his sentence under 28 U.S.C. § 2255 or, in the alternative, to conduct an evidentiary hearing, arguing that his counsel provided ineffective assistance, the court misunderstood its discretion to depart from the criminal history category calculation, and the sentencing was unconstitutional in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The government opposes Moore’s motion to vacate his sentence, but requests an evidentiary…