United States v. Cruz-Rivera, No. 16-1321 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed Defendant’s convictions and sentence for federal carjacking and weapons counts, holding that Defendant’s arguments on appeal failed.
Specifically, the Court held (1) the force clause in 18 U.S.C. 924(c)(1)(A), which defines a crime of violence, encompassed Defendant’s 18 U.S.C. 2119 convictions for carjacking; (2) Defendant’s arguments that section 924(c) is unconstitutional, both facially and as applied, were without merit; (3) the evidence was sufficient to support the convictions; and (4) the district court did not err in instructing the jury as to what the government had to prove to sustain Defendant’s convictions.