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United States v. Evans

United States Court of Appeals, Fourth Circuit

February 2, 2017

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
JAMAAL EUGENE EVANS, Defendant-Appellant.

          Argued: December 9, 2016

         Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:15-cr-00057-H-1)

         ARGUED:

          Jennifer Claire Leisten, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant.

          Phillip Anthony Rubin, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

         ON BRIEF:

          Thomas P. McNamara, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant.

          John Stuart Bruce, United States Attorney, Jennifer P. May-Parker, Kristine L. Fritz, Assistant United States Attorneys, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

          Before TRAXLER, SHEDD, and KEENAN, Circuit Judges.

         Affirmed by published opinion. Judge Keenan wrote the opinion, in which Judge Traxler and Judge Shedd joined.

          BARBARA MILANO KEENAN, Circuit Judge

         In this appeal, we consider the familiar question whether a particular offense constitutes a "crime of violence" within the meaning of 18 U.S.C. § 924(c). Under the terms of Section 924(c), a person convicted of a qualifying crime of violence in which a firearm is discharged is subject to a consecutive, mandatory sentence of not less than 10 years' imprisonment. 18 U.S.C. § 924(c)(1)(A)(iii).

         The crime that we presently examine is the federal offense of carjacking, in violation 18 U.S.C. § 2119 (the carjacking statute). The district court held that the defendant was subject to a consecutive term of imprisonment under Section 924(c), because his conviction under the carjacking statute was categorically a crime of violence. Upon our review, we agree with the district court that the carjacking statute qualifies as a crime of violence under Section 924(c), because the carjacking statute "has as an element the use, attempted use, or threatened use of physical force against the person or property of another." 18 U.S.C. § 924(c)(3)(A). Accordingly, we affirm the district court's judgment.

         I.

         In July 2013, defendant Jamaal Evans was a passenger in a car owned and driven by his friend, Amani Duke. During the course of the outing, Evans asked Duke to drive into a vacant parking lot, purportedly to meet Evans' cousin. In the parking lot, Evans brandished a pistol, and ordered Duke out of the car. Evans attempted to steal Duke's wallet and shot Duke in each leg. Immediately thereafter, Evans drove away in Duke's car. After Evans departed, Duke ...


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