United States v. Andre Moore

USCA11 Case: 21-13285 Date Filed: 08/29/2022 Page: 1 of 19 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-13285 Non-Argument Calendar ____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANDRE MOORE, a.k.a. George Harry Bookard, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:20-cr-00205-TPB-SPF-1 ____________________ USCA11 Case: 21-13285 Date Filed: 08/29/2022 Page: 2 of 19 2 Opinion of the Court 21-13285 Before ROSENBAUM, GRANT, and LAGOA, Circuit Judges. PER CURIAM: Andre Moore appeals his 96-month total sentence for access device fraud and aggravated identity theft. He argues that his sen- tence was substantively unreasonable because the district court did not give a sufficiently compelling justification for the upward vari- ance and did not consider Moore’s various mitigating factors. For the following reasons, we affirm. I. In May 2020, a criminal complaint was filed in the Middle District of Florida against “George Harry Bookard” for access de- vice fraud and aggravated identity theft, and an arrest warrant was executed in the Southern District of Florida. At a detention hearing before a magistrate judge in the Southern District of Florida, Moore identified himself as “George Bookard,” and the magistrate judge ordered him detained and committed to the Middle District of Florida. A grand jury in the Middle District of Florida charged “Bookard” with six counts of access device fraud and three counts of aggravated identity theft. After “Bookard” filed an amended mo- tion for pretrial release in August 2020, a magistrate judge held a bond hearing, during which Moore responded as Bookard. The government notified the magistrate judge that it believed Moore was not George Bookard, who was a real person in New York. Moore’s counsel responded that the pretrial report suggested that USCA11 Case: 21-13285 Date Filed: 08/29/2022 Page: 3 of 19 21-13285 Opinion of the Court 3 his real identity was George Bookard and that he did not challenge his identity at his detention hearing in the Southern District of Flor- ida. The magistrate judge expressed concern about Moore’s iden- tity and denied his motion for pretrial release. In May 2021, Moore was charged in a superseding infor- mation with access device fraud, in violation of 18 U.S.C. § 1029(a)(2) (Count One), and aggravated identity theft, in viola- tion of 18 U.S.C. § 1028A (Count Two). Moore waived prosecution by indictment and consented to being charged by information. Af- ter Moore consented to holding the change-of-plea hearing before a magistrate judge, he pleaded guilty to both counts, under a writ- ten plea agreement. The factual proffer to the plea agreement stated the follow- ing. From around September 2019 to around May 2020, Moore committed access device fraud and identity theft on multiple occa- sions by obtaining personal identifying information (“PII”) of more than 100 victims, which he used to obtain new or access dormant credit card accounts. Moore used the credit card accounts at stores throughout the United States and was captured on …

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