United States Second Circuit

Defendants' convictions of one count of carjacking are affirmed, where: 1) under the federal carjacking statute, an automobile is taken from the victim's presence when the victim is sufficiently within reach, inspection, or observation of the vehicle that the victim could have retained his or her possession of it if not overcome by violence or prevented by fear; and 2) because evidence at trial demonstrated that the taken automobile was sufficiently within the presence of the victim to satisfy this definition, the district court properly denied defendants' motions for acquittal.

Appellate Information

• Decided 07/22/2014
• Published 07/22/2014

Judges

• KATZMANN

Court

• United States Second Circuit

Counsel