Argued: December 9, 2016
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)
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.
P. McNamara, Federal Public Defender, OFFICE OF THE FEDERAL
PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant.
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
TRAXLER, SHEDD, and KEENAN, Circuit Judges.
by published opinion. Judge Keenan wrote the opinion, in
which Judge Traxler and Judge Shedd joined.
BARBARA MILANO KEENAN, Circuit Judge
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. §
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.
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 ...