UNITED STATES OF AMERICA v. CORNELL LOUIS ROBINSON
US Court of Appeals for the Fourth Circuit, Wilkinson, April 25, 2017,
Carjacking (federal) – Pointing a loaded gun at a victim and asking, “[D]o you want to die?,” is enough evidence of an intent to cause serious harm or death to convict of federal carjacking.

Facts
In 2014, a pregnant woman was being rushed to the hospital by her boyfriend when they saw a group of men armed with guns approach them. The boyfriend ran away, leaving the pregnant woman.
One of the armed men pointed a gun at the pregnant woman and took her keys. When she couldn’t open up her nearby apartment, they took her car.
Anne Arundel County Police located and arrested the suspects after a car pursuit where firearms were being thrown out of the vehicle (later recovered by police).
Robinson, one of the suspects, was charged and convicted of carjacking and related charges.
He then appealed, claiming that he didn’t intend to take the car at the time when he pointed the gun at the pregnant woman. He also claimed that the government failed to prove that he actually intended to hurt the victim.

Law from the Case
Held: There was enough evidence of Robinson’s intent at the time he took the keys to prove intent to cause death or serious bodily harm.
Carjacking (federal) requires proof that:
(1) with intent to cause death or serious bodily harm
(2) the Defendant took a motor vehicle
(3) that had been transported, shipped or received in interstate or foreign commerce
(4) from the person or presence of another
(5) by force and violence or intimidation.
Carjacking (federal) – Grabbing car keys while holding a loaded gun and after threatening the victim’s life was sufficient evidence of intent to take a motor vehicle

Carjacking (federal):
(1) with intent to cause death or serious bodily harm
(2) took a motor vehicle
(3) that had been transported, shipped or received in interstate or foreign commerce
(4) from the person or presence of another
(5) by force and violence or intimidation.

Carjacking (federal) – Grabbing car keys while holding a loaded gun and after threatening the victim’s life was sufficient evidence of intent to take a motor vehicle

Carjacking (federal) – The Supreme Court held that federal carjacking requires proof that “the defendant would have at least attempted to seriously harm or kill the driver if that action had been necessary to complete the taking of the car.”

Carjacking (federal) – Holding a “cold and hard” object to a victim’s neck was not enough to show intent without evidence that it was a gun or that there was intent to do anything more than scare the victim

Carjacking (federal) – Requires intent to cause harm “at the precise moment he demanded or took control over the car.” Not enough to steal a car to flee the scene of a crime.

Illegal Possession of Firearms (federal) – Possession of multiple firearms/ammunition at one time and place is a single violation of 18 USC 922(g)