United States v. JT Myore

142 F.4th 606 (2025) Court of Appeals for the Eighth Circuit 2025-06-27

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

  1. 5 During and in relation to the predicate satisfied proved
    “I was going to let them take the car,” he testified.
  2. 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.
  3. 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.”
  4. 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. 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.