United States v. Owens

20 F. App'x 785
CourtCourt of Appeals for the Tenth Circuit
DecidedOctober 3, 2001
Docket00-6274
StatusUnpublished
Cited by1 cases

This text of 20 F. App'x 785 (United States v. Owens) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Owens, 20 F. App'x 785 (10th Cir. 2001).

Opinion

ORDER AND JUDGMENT *

TACHA, Chief Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. RApp. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Petitioner-appellant David Owens, Jr., appeals his convictions for attempted carjacking, 18 U.S.C. § 2119, using and carrying a firearm during and in relation to the commission of a crime of violence, id. § 924(c)(1)(A), and illegal possession of a firearm by a convicted felon, id. § 922(g)(1). Owens challenges his conviction on three grounds: that there was insufficient evidence to sustain the carjacking conviction; that he was entitled to a three-level sentence reduction because the carjacking was not completed; and that the federal statute prohibiting a convicted felon from possessing a firearm exceeds Congress’s authority under the Commerce Clause. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I. Facts

On January 9, 2000, at approximately 10 a.m., Everett and Mary Baxter were stopped at a stoplight at the intersection of S.W. 4th and Classen in Oklahoma City. As they prepared to make a right turn north onto Classen, they noticed a man standing on the northeast corner of the intersection preparing to cross Classen. Mr. Baxter (“Baxter”) waved the man across the intersection so that Baxter would not turn into him. In response, the man waved at Baxter and told him to go on. The man then abruptly crossed in front of the Baxters’ car, pulled a small gun from his pocket, and repeatedly commanded that Baxter “Get out!” When the man reached the driver’s side, he pointed the gun at Baxter and attempted to open the locked door. Baxter sped away, and the Baxters reported the incident to police.

A police officer later spotted David Owens, Jr., walking down the street and noted that he fit the description provided by the Baxters. A second police officer stopped his patrol car to speak with Owens, who ran behind a building. Police then apprehended Owens coming around the other side of the building. Police *787 found a loaded revolver under a car 30 feet away from where they arrested Owens.

Owens later admitted possessing the gun, and he stipulated at trial that he had previously been convicted of a crime punishable by imprisonment for a term exceeding one year. Accordingly, a jury convicted Owens of illegally possessing a firearm. 18 U.S.C. § 922(g)(1). The jury also found Owens guilty of attempted carjacking, id. § 2119, and using and carrying a firearm during and in relation to the commission of a crime of violence, id. § 924(c)(1)(A).

Mr. Owens now challenges the sufficiency of the evidence supporting the attempted carjacking conviction, the district court’s refusal to grant a three-level reduction in offense for an attempt, and the constitutionality of 18 U.S.C. § 922(g)(1). We address each of these issues in turn.

II. Discussion

A. Sufficiency of the evidence

We review a challenge to the sufficiency of the evidence de novo, while viewing any evidence and inferences in the light most favorable to the government. United States v. Wilson, 244 F.3d 1208, 1219 (10th Cir.2001). Our inquiry is limited to determining whether any rational trier of fact could have found the elements of the crime proved beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

The federal carjacking statute provides, in pertinent part:

Whoever, with the intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall (1) be fined under this title or imprisoned not more than 15 years, or both....

18 U.S.C. § 2119. The evidence at trial shows that the motor vehicle has been shipped in interstate commerce. The pointing of a gun at Baxter’s face certainly satisfies the element of force or intimidation. The evidence also sufficiently supports the remaining elements — intent to take the car and intent to cause death or serious bodily harm.

While it is true that Owens never explicitly announced his intent to take the Bax-ters’ car, the law does not require such an affirmation to support intent. Rather, “[t]he natural, probable consequences of an act can satisfactorily evidence the state of mind accompanying it.” United States v. Youts, 229 F.3d 1312, 1317 (10th Cir. 2000). Here, Owens’s own brief states that “[a]t its best, the evidence showed Mr. Owen’s [sic] pointed a firearm, yelled ‘Get out!’ and grabbed the door handle.” We hold that even Owens’s characterization of the events would provide a sufficient basis for a rational jury to infer that Owens possessed an intent to take the Baxters’ car. See United States v. Moore, 198 F.3d 793, 797 (10th Cir.1999) (upholding an attempted carjacking conviction where the defendant pointed a gun at a driver but was shot before he had an opportunity to take control of the vehicle).

Ample evidence supports a jury finding that Owens intended to cause death or serious bodily injury. To prove intent to kill or injure, the government need only prove “that the defendant would have at least attempted to seriously harm or kill the driver if that action had been necessary to complete the taking of the car.” Holloway v. United States, 526 U.S. 1, 12, 119 S.Ct. 966, 143 L.Ed.2d 1 (1999); see also United States v. Malone, 222 F.3d 1286, 1291 (10th Cir.2000) (evaluating the sufficiency of the evidence of intent in light *788 of the totality of the circumstances). Here, the evidence showed that Owens pointed a loaded firearm at Baxter and told him to “get out of the car.” This evidence demonstrates a willingness to seriously harm or kill the driver. We therefore find no error by the trial court.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Linares
60 F.4th 1244 (Tenth Circuit, 2023)

Cite This Page — Counsel Stack

Bluebook (online)
20 F. App'x 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-owens-ca10-2001.