United States Sixth Circuit

A conviction and sentence for carjacking, brandishing a firearm in relation to a carjacking, and conspiracy to commit multiple carjacking offenses is affirmed where: 1) even though there was no evidence of physical touching, no explicit threat of harm, and no direct evidence that defendant's gun was loaded, a rational trier of fact could find beyond a reasonable doubt that defendant had the conditional intent to cause death or serious bodily harm during the disputed carjacking; and 2) the district court did not err in treating the two carjacking convictions as separate offenses for sentencing purposes.

Appellate Information

• Decided 08/05/2008
• Published 08/05/2008

Judges

• Before:  GILMAN and COOK, Circuit Judges;  COHN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  D. Marty Lasley, Nelson, McMahan & Noblett, Chattanooga, Tennessee, for Appellant.  Steven S. Neff, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.