4
Opinion of the Court
cars.2 In each of the carjackings, petitioner and an armed accomplice identified a car that they wanted and followed it until it was parked. The accomplice then approached the driver, produced a gun, and threatened to shoot unless the driver handed over the car keys.3 The accomplice testified that the plan was to steal the cars without harming the victims, but that he would have used his gun if any of the drivers had given him a "hard time." App. 52. When one victim hesitated, petitioner punched him in the face, but there was no other actual violence.
The District Judge instructed the jury that the Government was required to prove beyond a reasonable doubt that the taking of a motor vehicle was committed with the intent "to cause death or serious bodily harm to the person from whom the car was taken." Id., at 29. After explaining that merely using a gun to frighten a victim was not sufficient to prove such intent, he added the following statement over petitioner's objection:
"In some cases, intent is conditional. That is, a defendant may intend to engage in certain conduct only if a certain event occurs.
"In this case, the government contends that the defendant intended to cause death or serious bodily harm if the alleged victims had refused to turn over their cars. If you find beyond a reasonable doubt that the defendant had such an intent, the government has satisfied this element of the offense. . . ." Id., at 30.
In his postverdict motion for a new trial, petitioner contended that this instruction was inconsistent with the text
2 He was also charged with conspiring to operate a "chop shop" in violation of 18 U. S. C. § 371, operating a chop shop in violation of § 2322, and using and carrying a firearm in violation of § 924(c).
3 One victim testified that the accomplice produced his gun and threatened, " 'Get out of the car or I'll shoot.' " App. 51. Another testified that he said, " 'Give me your keys or I will shoot you right now.' " Id., at 52.
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007