United States v. Linares, No. 21-3210 (10th Cir. 2023)
Annotate this CaseDefendant-appellant Asael Linares was indicted as a felon in possession of a firearm after an attempted carjacking. He pled guilty, but objected to a sentencing enhancement and the failure to apply a sentencing decrease proposed by the government, arguing that he did not complete an attempted carjacking, nor did he meet the required mental state for the carjacking enhancement. Finding that Linares was about to complete a carjacking while possessing an AK-47, the district court overruled Linares’s objections and sentenced him to 63 months. The Tenth Circuit affirmed, finding the district court did not err in concluding that the facts—the presence of a rifle while confronting a car owner, demanding the keys, approaching the car, threatening the car owner and her family while they were calling 911, and leaving the scene when the victims continued calling 911—met the Sentencing Guideline requirements for carjacking.
The court issued a subsequent related opinion or order on May 10, 2023.
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