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Criminal Law Keyed to Kennedy
United States of America v. Hilton A. Lake
Citation:
150 F.3d 269 (1998)Facts
On the day in question, the defendant encountered Milton Clarke, who was sitting on the beach reading a newspaper. The defendant asked whether Clarke owned a white car parked up on the road. Clarke said that he did, and the defendant asked to borrow the car. When Clarke refused, the defendant stated that it was an emergency. Clarke again refused.
The defendant walked off and sat on a rock, while Clarke anxiously watched him out of the corner of his eye, but the defendant returned with the same request. Clarke said: “Don’t you get it? Leave me alone.” The defendant then lifted up his shirt, showed Clarke the handle of a gun, and said: “You know what that is?” Clarke stood up and started backing away, but the defendant pulled the gun from his waist band, put it against Clarke’s face, and demanded the car keys. Clarke said that he did not have the keys and started walking toward the water with the defendant following. Clarke waded into the water, and the defendant walked out onto a promontory overlooking the water.
While Clarke was in the water, his friend, Pamela Croaker, appeared on the beach. Clarke shouted a warning, prompting the defendant to approach Croaker. Defendant demanded that Croaker surrender her car keys, and Croaker said: “I don’t even know you. Why would I give you the keys to the car?” The defendant then grabbed the keys, and the two wrestled for possession of the keys. When Croaker saw the gun, she surrendered the keys and the defendant ran to the car. Clarke and Croaker ran after him, but he drove away.
The defendant was convicted under 18 U.S.C. § 924(c)(1) for using or carrying a firearm during and in relation to a crime of violence, and carjacking. He appealed, arguing that he did not violate carjacking statute because he did not take the car in question “from the person or presence” of the victim.
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