United States Fifth Circuit

A conviction for conspiracy, carjacking resulting in death and aiding and abetting in the same, use of a firearm in relation to a crime of violence, and interstate transportation of a stolen vehicle, is affirmed over claims of error regarding: 1) the sufficiency of the evidence as it relates to the carjacking and firearm counts; 2) a finding that defendant's Sixth Amendment right to a speedy trial was not violated; 3) a finding that his due process rights were not violated when the prosecution used inconsistent theories of the facts; and 4) the constitutionality of the federal government's ability to criminalize carjacking.

Appellate Information

• Decided 06/06/2007
• Published 06/07/2007

Judges

• EMILIO M. GARZA, Circuit Judge:, Before KING, GARZA and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richard Terrell Starrett (argued), Asst. U.S. Atty., Jerry L. Rushing, Dunn Lampton, Jackson, MS, for U.S., Julie Ann Epps (argued), Canton, MS, for Frye.