Fill and Sign the Holloway V Us Meritsosgdepartment of Justice Form

63 Motor Vehicles "Carjacking" 18 USC § 2119 Title 18, United Sates Code, Section 2119, makes it a Federal crime or offense for anyone to take or attempt to take a motor vehicle that has been transported, shipped or received in interstate or foreign commerce from the person or presence of another, [by force and violence] [by intimidation] with the intent to cause death or serious bodily harm. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant [took] [attempted to take] a motor vehicle from the person or presence of another; Second: That the Defendant did so [by force and violence] [by intimidation]; Third: That the motor vehicle previously had been transported, shipped, or received in interstate or foreign commerce; and Fourth: That the Defendant intended to cause death or serious bodily harm when the Defendant took the motor vehicle. The term "by force and violence" means the use of actual physical strength or actual physical violence. The term "by intimidation" means the commission of some act or the making of some statement that would put a reasonable person of ordinary sensibilities in fear of bodily harm. It is not necessary for the Government to prove that the alleged victim was actually placed in fear. The phrase "transported, shipped or received in interstate or foreign commerce" means the movement of a motor vehicle between any place in one state and any place in another state or another country. It is not necessary for the Government to prove that the Defendant knew that the motor vehicle had moved in interstate or foreign commerce. The Government need only prove that the motor vehicle had moved in interstate or foreign commerce. Whether the Defendant "intended to cause death or serious bodily harm" is to be judged objectively from the conduct of the Defendant as disclosed by the evidence and from what one in the position of the alleged victim might reasonably conclude. ANNOTATIONS AND COMMENTS 18 USC § 2119 provides: Whoever, with the intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall [violate this section]. Maximum Penalty varies depending on injury to victim. 1) When no serious bodily injury or death results, the maximum penalty is imprisonment for not more than 15 years and applicable fine. 2) When serious bodily injury results, the maximum penalty is imprisonment for not more than 25 years and applicable fine. 3) When death results, the maximum penalty is death and applicable fine. In the context of a violation of 18 USC § 113(c) - - assault with a dangerous weapon with intent to do bodily harm - - " [t ]he intent of the defendant ` is not t o be measured by the secret motive of the actor, or some undisclosed purpose merely to frighten, not to hurt ,' but rather ` is to be judged objectively from the visible conduct of the actor and what one in the position of the victim might reasonably conclude.' " United States v. Guilbert, 692 F.2d 1340, 1344 (11th Cir. 1982), cert. denied, 103 S.Ct. 1260 (1983) (quoting Shaffer v. United States, 3 08 F.2 d 654, 6 55 (5t h Cir. 1962) (per curiam)). See United States v. Gibson, 89 6 F.2d 206, (6th Cir. 1990) (citing United States v. Guilbert and explaining that " [a] defendant's state of mind is a question of fact, often determined by objective evaluation of all the surrounding facts and circumstances").