United States v. Soler, No. 12-2077 (2d Cir. 2014)Annotate this Case
Defendants appealed their convictions for carjacking in violation of 18 U.S.C. 2119. The court joined its fellow circuits in adopting, for the purpose of interpreting the carjacking statute, the United States v. Burns definition of "presence" as the law of the circuit; a motor vehicle is in the presence of the victim if it is so within his or her reach, inspection, observation, or control that he or she could, if not overcome by violence or prevented by fear, retain possession of it; this definition naturally implies a degree of physical proximity between the victim and the vehicle; and, in this case, the district court properly denied each defendant's motion for judgment of acquittal where the vehicle was within the proximity of the victim under the definition. Accordingly, the court affirmed the judgment of the district court.