United States v. French, No. 20-5104 (6th Cir. 2020)
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French, with two others, confronted the victim at gunpoint as she was driving, demanded that she exit her car and after she complied, drove away in her vehicle. Weeks later, the three men committed a second carjacking, against an elderly man who lived in a retirement community. The victims and his co-defendants testified at French’s trial. French did not present any evidence. French was convicted of carjacking, 18 U.S.C. 2119, and possession of a firearm in furtherance of a crime of violence, 18 U.S.C. 924(c). The PSR recommended a sentence of 240 months’ imprisonment. The court imposed a sentence of 246 months: 78 months’ imprisonment on each carjacking count, to be served concurrently, and 84 months’ imprisonment on each section 924(c) count, to be served consecutively.
The Sixth Circuit affirmed, rejecting a challenge to the sufficiency of the evidence. French’s challenge to the credibility of witnesses is not a valid basis for overturning his conviction. The court also rejected French’s contention that he cannot be legally convicted of both offenses under the Double Jeopardy Clause. The district court properly applied the sentencing enhancement in U.S.S.G. 3C1.1 for obstruction of justice on the basis of French’s attempt to intimidate a witness by posting a Facebook message about his co-defendant's testimony.
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