United States v. Redditt

87 F. App'x 440
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 21, 2003
DocketNo. 01-6401
StatusPublished
Cited by12 cases

This text of 87 F. App'x 440 (United States v. Redditt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Redditt, 87 F. App'x 440 (6th Cir. 2003).

Opinion

SUHRHEINRICH, Circuit Judge.

Defendant-Appellant Jason Chad Redditt appeals from a jury conviction and seventy-two year sentence imposed on three counts of carjacking under 18 U.S.C. § 2119, one count of transferring a firearm to a juvenile under 18 U.S.C. §§ 922(x)(1)(A) and 924(a)(6)(B)(ii); and three counts of brandishing and discharging a firearm during a crime of violence under 18 U.S.C. § 924(c). He claims seven assignments of error on appeal. First, he asserts the district court lacked subject matter jurisdiction because § 2119, the federal carjacking statute, is not a proper exercise of Congress’ Interstate Commerce Clause powers. Second, he claims the district court committed error in denying his motion to suppress the confessions he made to Memphis police officers. Third, he claims the jury verdict was based on insufficient evidence. Fourth, he claims the district court erred in denying his motion to sever several of the counts. Fifth, he claims the sentence imposed upon him was in error because the extraordinary circumstances of his case mandate a downward departure on his sentence. Sixth, he claims that the sentences for his three § 924(c) convictions should have run concurrently, not consecutively, under United States v. Sims, 975 F.2d 1225 (6th Cir.1992), and the Double Jeopardy clause of the Fifth Amendment. Lastly, he claims the district court committed error in denying his motion for an independent medical examination to test his competence.

We affirm the district court on all issues, finding that the federal carjacking statute, [442]*44218 U.S.C. § 2119, is constitutional under the Interstate Commerce Clause; and that the district court committed no error in denying Redditt’s motions or calculating his sentence.

I. Facts

On January 7, .2000, Redditt and his seventeen year-old accomplice, Travis Townes, driving a Toyota Camry, rear-ended a Cadillac driven by Sean Owens, while Owens was waiting at a stop light in Memphis, Tennessee. Owens, and his passenger, William Brown, exited the vehicle, with the keys still in the ignition, to inspect the damage to Owens’ Cadillac. At this point, Townes exited the Camry, approached Owens with a drawn pistol, and ordered Owens and Brown away from the Cadillac. Townes then drove Owens’ Cadillac, followed by Redditt in the Camry, leaving Owens and Brown stranded.

On January 13, 2000, Redditt and Townes, again in the Camry, approached a man, Fort Wiseman, as Wiseman was washing his Chevrolet Silverado at a Memphis self-service car wash. As Wiseman was washing his truck, Redditt and Townes exited the Camry and approached Wiseman. Redditt pointed a firearm at Wiseman. Wiseman turned to run, and Redditt shot him from behind in the right hip. As Wiseman lay on the ground, Redditt straddled him and rummaged through Wiseman’s pockets, taking Wiseman’s wallet and keys. Townes subsequently drove away in Wiseman’s truck, followed by Redditt in the Camry.

On January 17, 2000, Redditt and Townes, again in the Camry, followed Jennifer Krebsbach and her Cadillac Escalade to her Memphis apartment complex. As she parked her car. Redditt pulled the Camry behind her, blocking her vehicle. Townes exited the Camry, approached Krebsbach’s window, and forced her from her vehicle at gunpoint. Again, Townes drove away in Krebsbach’s vehicle as Redditt followed in the Camry.

However, Krebsbach’s Cadillac was equipped with an OnStar Navigation System, allowing police officers to locate the vehicle, which they did at another nearby Memphis apartment complex. There, police observed Redditt ransacking the vehicle. Redditt fled when uniformed police officers approached him. Redditt and Townes were separately arrested a short time later.

Redditt and Townes were each taken into custody and spent the night in jail. The next day, January 18, Redditt was interrogated from 4:30 in the afternoon until nearly 2:00 the next morning. It is undisputed that Redditt signed an advice of rights form upon the commencement of his interrogation, indicating that he had received and understood his Miranda warnings. Over the course of the interrogation, Redditt proceeded to sign four statements indicating his involvement in the carjackings. In the first statement, Redditt also answered affirmatively to whether his statements were voluntarily and freely given, without any threats or promises.

Redditt was charged with eight criminal counts arising out of the carjackings. Principally, Redditt was charged with the three carjackings under 18 U.S.C. § 2119, and aiding and abetting the same under 18 U.S.C. § 2; as well as five weapons charges under 18 U.S.C. §§ 922 and 924. Redditt did not plead, and went to trial on each count. Before the trial, Redditt filed motions to suppress the confessions as coerced, to sever the eight charges. After the trial, he filed a motion requesting an independent medical exam to determine his competence. The district court denied all three motions in turn. On October 16, 2001, Redditt was found guilty by a jury of [443]*443seven of the eight counts, including each of the three carjackings. He was found not guilty only of a § 924(h) weapons charge of transferring a firearm with knowledge that such firearm would be used in a crime of violence. Redditt was sentenced to a total of seventy-two years (864 months). He filed a notice of appeal on October 31, 2001, and his appeal is timely before this Court pursuant to Fed. R.App. P. 4(b).

II. Analysis

A. Subject Matter Jurisdiction

Redditt challenges the subject matter jurisdiction of the district court in this case. He claims Congress had no authority to rely upon its Commerce Clause powers in enacting the federal carjacking statute, 18 U.S.C. § 2119. That statute imposes a federal penalty on anyone who, “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.” 18 U.S.C. § 2119. Basically, Redditt claims that Congress’ reliance on the condition that each car has been transported through interstate commerce is too weak a connection for Congress to impose Commerce Clause jurisdiction.

We have already considered and decided the constitutionality of § 2119 in United States v. McHenry,

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Cite This Page — Counsel Stack

Bluebook (online)
87 F. App'x 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-redditt-ca6-2003.