UPDATE 4/28/10
HUNTINGTON, W.Va. (WSAZ) -- Cabell County Judge Alfred Ferguson has denied Hiram Moore's request for reconsideration of his sentence.

In May 2009, Moore pleaded guilty to possession of a controlled substance with intent to deliver. Judge Ferguson suspended his prison sentence when Moore told the court he was going to graduate school at UNLV.

Earlier this year, the court later learned that never happened.

In March, Ferguson sentenced Moore to one to five years in prison after he failed to enroll in the graduate program.

Last week, Ferguson held a hearing at Moore's request to reconsider the sentence. Thursday morning, Ferguson released his decision denying the request.

Thursday April 22 Moore was back in court asking for a third chance, and he wasn't alone.

The courtroom was full of family, friends and fellow church members ready to defend and support a young man they say is well worth saving.

"Your Honor, this young man has a strong support system with him," Kim Carico, Moore's attorney, said .

Hiram Moore is on a mission: he's seeking mercy.

With his mother and others there in support, the former Marshall University football player admitted to some mistakes in life after his father's unexpected death when he was finishing high school.

"I made some mistakes and turned to drugs and alcohol to soothe my pain," Moore said.

But, Moore said he never sold drugs.

"Your Honor, I would ask you to remember that when Mr. Moore was arrested, in addition to the marijuana, he was in possession of 30 Oxycontin pills and a substantial amount of cash -- $4000," an assistant prosecutor reminded.

"Those pills were prescribed to Mr. Moore for an injury he had sustained while playing football," Carico argued.

"You don't usually carry your pills in a plastic bag, you carry them in a pill bottle," Judge Ferguson reasoned.

Moore's support spoke up.

"Pastor Darrell Huffman asked me to let you know in his absence, he's away at a speaking engagement, that this man has made a full recovery and is worthy of your full consideration," Kenneth Johnson, a member of New Life Church, said.

Judge Ferguson did not decide right away. He said wanted to take some time to think things over and consider the evidence.

Moore's attorney is pushing for probation or home confinement saying the day report center wrote a glowing report on Moore, something they rarely do for anyone. She said they consider Moore a young man of great potential.

Moore is currently enrolled in the graduate program at Marshall University.

Last May, a Cabell County judge gave Hiram Moore a second chance after he plead guilty to drug trafficking charges. But that chance ran out when Moore failed to hold up his end of the bargain.

"I'm not happy, I'm very unhappy," Judge Alfred Ferguson said.

Ferguson expressed his dissatisfaction repeatedly during a status hearing in Cabell County Circuit Court.

"He's dealing drugs in West Virginia and then we lose track of him," Ferguson said. "I don't know what he's up to. He comes in here dressed like a lawyer, better than a lawyer."

Moore plead guilty to charges related to drug dealing last May. But Ferguson suspended sentencing. agreeing to let Moore pursue his goals of earning a master's degree at the University of Nevada Las Vegas. But Moore encountered problems there right away.

"When UNLV put him through as an undergrad, it screwed up his financial aid because they processed him as an undergrad instead of a graduate student," said Kim Carico, Moore’s attorney.

So, Moore was forced to withdraw from school because of an inability to pay the $8,800 bill.

"So, what have you been doing since then," Ferguson asked.

"I've been trying to look for work," Moore replied.

Moore admitted to spending some time in Huntington and Columbus, Ohio, looking for work, but failed to properly notify the court of his whereabouts.

"Here's the problem I have," Ferguson said. "He's been out of pocket all this time, I thought he was at grad school at UNLV. That's why I postponed the sentencing. Now, I find out he hadn't been out there. It's somebody's obligation to contact me and let me know what was going on in the case."

Carico said, "I didn't realize he actually wasn't in the class. He did go and was accepted and did actually attend."

She continued, "When he was here under supervision, he didn't get charged with any crimes. He's shown you ... He's still working on his goals. He wants success, he wants to have a family, he wants a career, he wants to buy a nice house. Those are the goals he has and he wants to have his own business."

Ferguson responded by saying, "All of that is going to be delayed. I'm going to give him a one to five year prison sentence with credit for time served. He's in the custody of the sheriff at this time."

With that, a sheriff's deputy put cuffs on a shocked Moore. The former football star who had received the ultimate second chance is now headed to prison -- his life on hold.

Carico acknowledged Moore did make several attempts to contact her, but she was never able to get back in touch with him.

Moore pleaded guilty to possession of a controlled substance with intent to deliver in May 2009, but his sentencing was postponed to give Moore a chance to pursue his goal of earning a master's degree at the University of Nevada at Las Vegas.

During a status hearing this morning, Moore informed Judge Alfred Ferguson he hadn't been able to complete any classes because of a processing error at UNLV. That error messed up his financial aid and he was kicked out of school because of an inability to pay the $8800 out-of-state tuition for the semester. During the last several months, Moore says he's tried to secure a job to help pay the tuition, but couldn't find anyone willing to hire a convicted felon.

Judge Ferguson criticized Moore and his attorney, Kim Carrico, for not doing a better job of keeping him informed of the changes with Moore's status.

"I don't know what he's been doing. He's a very intelligent man and would make an excellent drug dealer because he knows how to not get caught," Ferguson said.

"He comes in here dressed like a lawyer, dressed better than a lawyer," continued Ferguson.

"I let him stay out of jail to go to school and money was never an issue back then when we came to this agreement. Now, I'm hearing you're back in town and involved in drug activity. I don't know what you're up to," said Judge Ferguson.

Carrico told the judge Moore had tried to contact her several times, but the voicemails were either garbled or the number he left didn't work. She acknowledged Moore also stopped by her office during the Christmas holidays, but she was out of town. Moore said over the last few months, he's spent some time in Columbus and in Huntington visiting family.