United States v. Gutierrez, No. 16-35583 (9th Cir. 2017)
Annotate this CaseThe federal offense of carjacking is a crime of violence under 18 U.S.C. 924(c). In this case, the Ninth Circuit affirmed the district court's denial of defendant's 28 U.S.C. 2255 motion challenging his conviction for brandishing a firearm during a crime of violence. Therefore, the predicate offense for defendant's conviction, carjacking, qualified as a crime of violence.
Court Description: 28 U.S.C. § 2255. Affirming the district court’s denial of a motion under 28 U.S.C. § 2255 challenging a conviction under 18 U.S.C. § 924(c)(1)(A)(ii) for brandishing a firearm during a crime of violence, the panel held that the federal offense of carjacking is a “crime of violence” under § 924(c).
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