Court of Appeals for the Eighth Circuit · 2025-06-27
18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)
Case and law context
Role: applied; posture: 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; claim: (c)(1)(A)(ii)
Uncertainty
None recorded
Misfit
Myore was convicted of AIDING AND ABETTING the carjacking and brandishing (Running Shield fired the shots); the opinion never analyses § 2 / Rosemond advance knowledge, so no `accomplice` block is recorded and the brandishing is treated as his own.
B · Case × element grid
Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.
Elements 1–6 of 13
| Case | Qualifying federal predicate offense | Firearm object | Active employment of a firearm | Knowingly possess and convey the firearm | During and in relation to the predicate | Knowing actual or constructive possession |
|---|---|---|---|---|---|---|
| United States v. JT Myore — 142 F.4th 606 (2025) · Court of Appeals for the Eighth Circuit · 2025 (18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 7–12 of 13
| Case | Possession advances the specific predicate | Armor-piercing ammunition object | Use or carry the armor-piercing ammunition | Possess the armor-piercing ammunition | Section 2 aiding and abetting route | Greater minimum for the same firearm conduct displaces the lower minimum |
|---|---|---|---|---|---|---|
| United States v. JT Myore — 142 F.4th 606 (2025) · Court of Appeals for the Eighth Circuit · 2025 (18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 13–13 of 13
| Case | Sentencing consequences after offense proof |
|---|---|
| United States v. JT Myore — 142 F.4th 606 (2025) · Court of Appeals for the Eighth Circuit · 2025 (18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| United States v. JT Myore — 142 F.4th 606 (2025) · Court of Appeals for the Eighth Circuit · 2025 — satisfied · proved (18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | During and in relation to the predicate | satisfied Counted merits instance applied / merits basis: proved; claim: (c)(1)(A)(ii); party: JT Myore; count: 18 U.S.C. § 924(c)(1)(A)(ii), using and brandishing a firearm during and in relation to the August 25, 2019 carjacking (18 U.S.C. § 2119; charged with § 2 aiding and abetting); subject: party=JT Myore; count=18 U.S.C. § 924(c)(1)(A)(ii), using and brandishing a firearm during and in relation to the August 25, 2019 carjacking (18 U.S.C. § 2119; charged with § 2 aiding and abetting) The contested point on appeal was temporal: Myore argued the victim relinquished the car before any gun was brandished, so the brandishing was not "during" the carjacking. The court holds a jury could place the taking at the moment the armed men demanded the car and the victim abandoned it. | guns displayed to make the driver surrender the car, i.e. before the carjacking's taking was complete (contrast shots fired after driving away, Long Pumpkin) | 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.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [12082:12233] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.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.”Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [5182:5354] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.“I was going to let them take the car,” he testified.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [3777:3830] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.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.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [4532:4733] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.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.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [12659:12813] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e. |
| United States v. JT Myore — 142 F.4th 606 (2025) · Court of Appeals for the Eighth Circuit · 2025 — satisfied · proved (18usc924: author: Flash3 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Seven-year brandishing minimum | satisfied Counted merits instance applied / merits basis: proved; claim: (c)(1)(A)(ii); party: JT Myore; count: 18 U.S.C. § 924(c)(1)(A)(ii), using and brandishing a firearm during and in relation to the August 25, 2019 carjacking (18 U.S.C. § 2119; charged with § 2 aiding and abetting); subject: party=JT Myore; count=18 U.S.C. § 924(c)(1)(A)(ii), using and brandishing a firearm during and in relation to the August 25, 2019 carjacking (18 U.S.C. § 2119; charged with § 2 aiding and abetting) Sufficiency upheld. The only brandishing evidence was the victim's testimony, which the district court called "wishy washy"; the court treats the inconsistency as a credibility question for the jury. | two men approach a blocked-in car with guns out demanding it; victim's account inconsistent until refreshed with his police statement | Section 924(c)(1)(A)(ii) provides that, unless a greater minimum sentence is otherwise provided, “any person who, during and in relation to any crime of violence or drug trafficking crime . . . uses or carries a firearm, or who . . . possesses a firearm,” shall be subject to an additional sentence of not less than seven years if the firearm is brandished.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [10965:11322] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.However, after having his recollection refreshed with his signed written statement to police that day, Swallow testified that both men had guns out as they approached the Ford Freestyle demanding that Swallow give them the car.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [4836:5063] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.He testified he did not see Myore with a gun and thought he only “might have” or “probably” had one.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [4735:4835] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.Swallow also testified that he had previously seen Myore possessing a gun similar to one of the guns he saw that day.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [5064:5181] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e.In this case, a reasonable jury could find, based on Swallow’s testimony, that Myore and Running Shield brandished guns to force Swallow to surrender the vehicle and then fired shots before driving off in the stolen vehicle.Source: docroot/ir/caselaw/f4th_142.jsonl#/f4th/142/606; Unicode character offsets [12434:12658] (end exclusive); SHA-256 39c5169a3d803b9d63901cd4c63869686db1bb29cf827c55eafcd327eaf0938e. |