United States v. JT Myore
consolidated criminal appeals after two jury trials; sufficiency of the evidence for the carjacking and brandishing verdicts reviewed de novo (motion for judgment of acquittal denied below); convictions and sentence affirmed (result: claimant-won)
Facts
- 5 During and in relation to the predicate satisfied proved
“I was going to let them take the car,” he testified.
- 5 During and in relation to the predicate satisfied proved
Initially, Swallow testified that he did not see a gun before he reached his front porch, where he heard multiple gunshots fired behind him and turned to see Running Shield putting a gun in his pocket.
- 5 During and in relation to the predicate satisfied proved
Swallow testified that after he heard the gunshots, Myore and Running Shield walked toward the Ford Freestyle, Myore “jump[ed] in the black car and they take off speeding.”
- 5 During and in relation to the predicate satisfied proved
In Long Pumpkin we concluded that discharge of a firearm after the carjackers drove away in the stolen vehicle was not “during” the initial carjacking.
- 5 During and in relation to the predicate satisfied proved
This was sufficient evidence to convict Myore under § 924(c)(1)(A)(ii) of knowingly brandishing a firearm “during and in relation to” a crime of violence.