carjacking
27 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-6149 | Michael Boyer v. United States | Third Circuit | 2024-12-16 | Denied | Response WaivedIFP | 18-usc-2119 carjacking criminal-intent intent-to-harm statutory-interpretation third-circuit | 1. Did the Third Circuit err by upholding Petitioner's conviction for carjacking in violation of 18 U.S.C. § 2119 when the Government failed to prove … |
| 24-6143 | Gustavo Navaro v. United States | Ninth Circuit | 2024-12-13 | Denied | Response WaivedIFP | aiding-and-abetting carjacking categorical-analysis criminal-procedure force-clause statutory-elements | The first question presented is whether Circuits have failed to apply categorical analysis to aiding and abetting's distinct elements, which do not me… |
| 24-5533 | Clint Monroe Utter v. United States | Fourth Circuit | 2024-09-12 | Denied | Response WaivedIFP | abduction base-offense-level carjacking firearm-enhancement robbery sentencing-guidelines | 1. Whether the district court erred in denying Utter's objection to the United States Probation Officer's 5 level enhancement to his base offense leve… |
| 24-5499 | Donald Alfred Busch v. United States | Tenth Circuit | 2024-09-10 | Denied | Response WaivedIFP | carjacking legislative-intent mechanical-power motor-vehicle off-road-vehicle statutory-interpretation | The Motor Vehicle Theft Law Enforcement Act of 1984 provided a definition for "motor vehicle" to mean "a vehicle driven or drawn by mechanical powers … |
| 24-5330 | Xavier Daughtry v. United States | Eleventh Circuit | 2024-08-15 | Denied | Response WaivedIFP | carjacking crime-of-violence elements-clause federal-criminal-law sentencing-enhancement statutory-interpretation | Whether a conviction for federal carjacking, pursuant to 18 U.S.C. § 2119, qualifies as a "crime of violence" under § 924(c)(8)(A) post-Borden. |
| 23-6652 | Don Meeker v. United States | Second Circuit | 2024-02-02 | Denied | Response WaivedIFP | aiding-and-abetting carjacking criminal-law criminal-statute due-process evidence-sufficiency federal-statutes intent rosemond-standard rosemond-v-us | 1. The government failed to prove by sufficient evidence as to the petitioner that the petitioner-appellant possessed the requisite intent to commit t… |
| 23-5907 | Brian Jones v. United States | Fifth Circuit | 2023-10-30 | Denied | Response WaivedRelisted (2)IFP | carjacking carjacking-statute criminal-law federal-statute fifth-circuit-interpretation force-and-violence intent intent-requirement serious-harm-or-kill taking-a-vehicle vehicle-theft | Does a conviction for carjacking by "force and violence" under 18 U.S.C. § 2119 require that the force and violence be employed, with the requisite in… |
| 23A27 | Ranson Long Pumpkin v. United States | Eighth Circuit | 2023-07-13 | Presumed Complete | carjacking confrontation-clause crime-of-violence fair-trial firearm-discharge sixth-amendment | Question not identified. | |
| 23A28 | Moses Crowe v. United States | Eighth Circuit | 2023-07-12 | Presumed Complete | carjacking confrontation-clause eighth-circuit fair-trial firearm-possession sixth-amendment | Question not identified. | |
| 22-5672 | Luan Van Nguyen v. United States | Fifth Circuit | 2022-09-23 | Denied | Response WaivedRelisted (2)IFP | and whether the ineffective assistance of counsel 4th-amendment carjacking civil-rights constitutional-rights criminal-conspiracy exclusionary-rule ineffective-assistance probable-cause search-and-seizure sixth-amendment standing | 1. Whether the Court of Appeals for the Fifth Circuit Erred in denied Nguyen Clearly his Constitutional claims are Correct when the Fifth Circuit had … |
| 21-7055 | Eugene Willis v. United States | Eleventh Circuit | 2022-02-03 | Denied | Response WaivedIFP | brandishing carjacking carjacking-statute criminal-intent due-process-rights firearm ineffective-assistance ineffective-assistance-of-counsel intent judgment-of-acquittal jury-instructions statutory-interpretation | I. In compliance with Holloway V. United States, 526 U.S. 1 (1991), is an attorney ineffective for failing to argue before the jury the Government f… |
| 21-6640 | Kennedy Terrell Walker v. United States | Eleventh Circuit | 2021-12-16 | Denied | Response WaivedIFP | borden-standard carjacking criminal-procedure elements-clause first-time-motion florida-robbery habeas-corpus johnson-v-united-states recidivism section-2255 sentencing violent-felony | 1. Whether a criminal defendant moving for relief under 28 U.S.C. § 2255 for the first time should be subject to the statutory hurdles applicable to m… |
| 21-6459 | Daniel Lowell v. United States | Tenth Circuit | 2021-11-30 | Denied | Response WaivedIFP | 18-usc-1(a) carjacking criminal-procedure criminal-statute defendant-burden federal-criminal-law felony-murder-rule legal-standard temporary-safety | When applying the felony murder rule under 18 U.S.C. § 1(a) to the crime of carjacking, what must a defendant show to establish that he has reached a … |
| 21-780 | Ewin Oscar Martinez v. United States | Eleventh Circuit | 2021-11-24 | Denied | Response Waived | 18-usc-2119 actual-innocence carjacking carjacking-statute crime-of-violence criminal-procedure habeas-corpus procedural-default residual-clause | Ewin Oscar Martinez was convicted in 2000 of using and carrying a firearm during a "crime of violence" in violation of 18 U.S.C. § 924(c), based upon … |
| 21-297 | Travis Croft v. United States | Fourth Circuit | 2021-08-30 | Denied | Response Waived | armed-career-criminal-act carjacking categorical-approach force-clause fourth-circuit intimidation south-carolina statutory-interpretation | 1. Whether the Fourth Circuit erred in concluding that a conviction for South Carolina carjacking, S.C. Code § 16-3-1075, is categorically a crime of … |
| 21-5319 | John Louis Devencenzi v. United States | Ninth Circuit | 2021-08-06 | Denied | Response WaivedIFP | carjacking circuit-split crime-of-violence intimidation mandatory-minimum-sentences physical-force residual-clause statutory-interpretation | By its plain language, federal carjacking can be committed by "intimidation." 18 U.S.C. § 2119. This Court recognizes carjacking by intimidation is sa… |
| 21-5105 | Cedric Antonio Wright v. United States | Eighth Circuit | 2021-07-14 | Denied | Response WaivedIFP | bodily-harm carjacking criminal-intent criminal-law driver-cooperation intent intent-interpretation mens-rea statutory-interpretation supreme-court-precedent | Whether this Court correctly ruled in Holloway v. United States, 526 U.S. 1 (1999) that during a carjacking, a person's intent to seriously harm or ki… |
| 20-8216 | Justin Michael Wilson v. United States | Fourth Circuit | 2021-06-03 | Denied | Response WaivedIFP | brady-violation brandishing carjacking carjacking-statute criminal-intent due-process firearm firearm-possession intent prosecutorial-misconduct serious-bodily-injury witness-impeachment | 1. In Holloway v. United States, 526 U.S. 1 (1999), this Court held that an "empty threat" of violence is not sufficient to demonstrate that a person … |
| 20-6415 | Larry Antonio Burleigh v. United States | Fourth Circuit | 2020-11-24 | Denied | Response WaivedIFP | §2255-motion carjacking categorical-approach certificate-of-appealability collateral-review due-process due-process-clause fourth-circuit inchoate-crime johnson-ii mandatory-sentencing | Whether Petitioner is entitled to a certificate of appealability to appeal the denial of his motion to vacate his firearm convictions and mandatory se… |
| 20-5926 | Rolando Candia v. United States | Ninth Circuit | 2020-10-06 | Denied | Response WaivedIFP | 18-usc-2119 18-usc-924(c)(3)(A) carjacking carjacking-statute crime-of-violence elements-clause federal-criminal-law intimidation sentencing-enhancement statutory-interpretation | Whether the federal carjacking statute, 18 U.S.C. § 2119, which may be violated by means of "intimidation" through threats of mental or non-corporeal … |
| 19-8387 | Robert C. Caldwell v. United States | Eighth Circuit | 2020-05-04 | Denied | Response WaivedIFP | carjacking constitutional-challenge constitutional-law criminal-sentencing double-jeopardy enhanced-penalty evidentiary-finding firearm public-choice-clause sentencing statutory-interpretation two-strike-statute | The Government seehs to have defendants sentenced under both the CarJacking statute and the firearm statute. The issue befire the Court is whether sen… |
| 19-6979 | Joassaint Josiah Aristil v. United States | Eleventh Circuit | 2019-12-18 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | 18-usc-2119 18-usc-924(c)(3)(A) carjacking categorical-approach criminal-law federal-statute force intent intimidation physical-force sentencing-enhancement statutory-interpretation | Whether carjacking in violation of 18 U.S.C. § 2119, which may be committed by intimidation, requires an element "the use, attempted use, or threatene… |
| 19-6718 | James Douglas Pridgen v. United States | Ninth Circuit | 2019-11-22 | Denied | Response WaivedIFP | bank-robbery carjacking certificate-of-appealability crime-of-violence crimes-of-violence criminal-procedure due-process johnson-ruling johnson-v-united-states ninth-circuit section-924(c) section-924c unanimous-jury | 1. Whether the Ninth Circuit wrongly denied the request for a certificate of appealability where the Section 924(c) conviction was charged as to two d… |
| 18-9258 | Bernard Roosevelt Shaw v. United States | Sixth Circuit | 2019-05-14 | Denied | Response WaivedRelisted (2)IFP | carjacking crime-of-violence criminal-law double-jeopardy due-process fifth-amendment sentencing statutory-interpretation vagueness vagueness-challenge | "Whether the lower court(s) erred in its interpretation as to the "vagueness challenge" of Section §924(c)(3)(B), and the meaning as to what is consid… |
| 18-8313 | John Allen Newton v. United States | Ninth Circuit | 2019-03-06 | Denied | Response WaivedIFP | 18-usc-924(c)(3)(a) carjacking crime-of-violence criminal-law elements-clause general-intent intent intimidation statutory-interpretation violent-physical-force | Is federal carjacking by intimidation not a crime of violence offense fails to require any intentional use, attempted use, or threatened use of violen… |
| 18-7470 | Carl Lee Williams v. United States | Eleventh Circuit | 2019-01-17 | Denied | IFP | 18-usc-2119 18-usc-924(c) 18-usc-924c carjacking categorical-approach crimes-of-violence criminal-law federal-carjacking intimidation physical-force residual-clause sessions-v-dimaya statutory-interpretation stokeling-v-united-states vagueness vagueness-doctrine | 1. Is federal carjacking by way of intimidation a crime of violence as defined in 18 U.S.C. § 924(c)(3)(A)'s force clause? 2. In light of this Court'… |
| 18-7387 | James Dennis Lenihan, III v. United States | Ninth Circuit | 2019-01-14 | Denied | Response WaivedIFP | 18-usc-924c 18-usc-924c3a carjacking crime-of-violence criminal-law federal-jurisdiction federal-offense force-clause statutory-interpretation violent-crime | Whether the federal offense of carjacking, as defined by 18 U.S.C. § 2119, categorically qualifies as a crime of violence under 18 U.S.C. § 924(c)(3)(… |