United States v. Washington, No. 11-6009 (6th Cir. 2012)
Annotate this CaseJones shot Lipford four times in a Memphis parking lot, and Lipford’s car was taken. The prosecution argued that the incident was a robbery and carjacking, while Jones and Washington described a drug deal gone bad and denied taking the vehicle. The jury found Washington guilty of carjacking without serious bodily injury and the court sentenced him to 180 months in prison. The jury returned guilty verdicts against Jones for carjacking resulting in serious bodily injury and for using and carrying a firearm during and in relation to a carjacking. The court sentenced him to 210 months in prison for the first count and 120 months for the second count. He was given sentencing enhancements for obstruction of justice (perjury) and for the infliction of a permanent or life-threatening injury. Both defendants’ sentences are within the guidelines. The Sixth Circuit affirmed. The district court properly disallowed impeachment questioning on the basis of the victim-witness’s prior conviction for theft of services, because that crime did not involve a dishonest act for purposes of Rule of Evidence 609(a)(2). The district court did not abuse its discretion in its responses to jury questions or in its sentencing determinations.
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