United States v. Tracee L. Taylor

226 F.3d 593, 2000 U.S. App. LEXIS 21115, 2000 WL 1176616
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 21, 2000
Docket99-2608
StatusPublished
Cited by70 cases

This text of 226 F.3d 593 (United States v. Tracee L. Taylor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Tracee L. Taylor, 226 F.3d 593, 2000 U.S. App. LEXIS 21115, 2000 WL 1176616 (7th Cir. 2000).

Opinion

KANNE, Circuit Judge.

Traeee Taylor joined two confederates in a vicious carjacking during which the trio trapped a pregnant woman in her car, shot her in the chest and stole the automobile. Taylor was convicted of committing a carjacking in violation of 18 U.S.C. § 2119, and aiding and abetting the use of a weapon in connection with a violent felony in violation of 18 U.S.C. § 924(c). He appeals on three grounds, all of which we reject.

I. HISTORY

During the morning of December 8, 1997, Lakesha Wade was driving to pick her son up from school in Gary, Indiana. Wade, who was four months pregnant, noticed a blue 1995 Mitsubishi Mirage tailing closely behind her 1986 Pontiac Parisienne. At first, Wade thought nothing of it, but she became alarmed when the Mitsubishi continued to pursue her through a number of turns. Wade accelerated to escape her pursuer, but the Mitsubishi raced faster in pace. Wade panicked, running a red light, almost hitting another car and driving indecisively all over Gary while trying to decide where to go. She eventually raced to her sister’s residence and skidded to a halt in the front yard. Wade jammed her car horn, hoping that someone would come to the door and let her in the house, but no one answered. Her sister Lasonia Williams was home but asleep upstairs. Moments later, the Mitsubishi sped into the driveway and blocked Wade’s exit.

Kevin Wilson leapt out of the Mitsubishi menacingly wielding a .38-caliber handgun. He screamed, “Bitch, bitch, get out of the car. Get out of the car, bitch. I ain’t playing with you, bitch. Get out of the car or I’ll kill you, bitch.” Wilson ran at Wade, who was still sitting in her car, and shot her through the car door window. The bullet tore through Wade’s upper left arm and struck her left breast. Wilson then opened the driver-side door, pulled Wade from the car and sat down in the driver’s seat. Wade ran to her sister’s door, but Williams, now awake from the mayhem outside, feared for herself and refused to open the door. Wilson soon noticed Williams watching him from inside the house and fired three or four shots at her as she escaped upstairs. Wade ran and hid inside a postal truck parked nearby.

Defendant Traeee Taylor remained inside the Mitsubishi this entire time. The *596 Mitsubishi had been stolen from Taylor’s neighbor the day before, and Taylor, Wilson and Patrick Lucas used it to chase down Wade. At this point, Wilson could not get Wade’s Pontiac started so he and Lucas pushed it into the street. Taylor slipped into the driver’s seat of the Mitsubishi and drove it down the street pushing the Pontiac along. After the threesome departed and the police arrived, Wade was receiving emergency medical treatment from paramedics when she noticed the Mitsubishi returning to the scene of the crime. Aided by Wade’s tip, Gary police officer Luis Donald soon spotted the Mitsubishi and chased it until it spun out of a sharp turn and crashed into a car parked along the curb. The three men inside the Mitsubishi sprinted off in different directions, but Donald tackled Wilson and other police captured Taylor in the vicinity. A key ring, which Taylor’s sister identified as belonging to Taylor, was found in the Mitsubishi and held keys matching the locks to Taylor’s home. The Federal Bureau of Investigation later discovered that Wade’s Pontiac, stolen by Taylor, Wilson and Lucas during the carjacking, was originally manufactured in Fairfax, Kansas.

A federal grand jury promptly issued a two-count indictment charging Taylor with violating the federal carjacking statute and aiding and abetting Wilson’s use of a firearm during a crime of violence. On August 14, 1998, after a four-day trial, the jury convicted Taylor on both counts of the indictment.

II. Analysis

Taylor raises three claims on appeal: (1) Taylor challenges the sufficiency of the evidence to establish that he intended to aid and abet Wilson’s use of a firearm in violation of 18 U.S.C. § 924(c); (2) Taylor argues that the federal carjacking statute, 18 U.S.C. § 2119, exceeds Congress’s constitutional authority under the Commerce Clause; (3) Taylor argues the district court’s omission of a jury instruction on “serious bodily injury” for his carjacking conviction was plain error.

A. Sufficiency of the Evidence for 18 U.S.C. § 9U(c)

The jury found Taylor guilty of violating 18 U.S.C. § 924(e) by virtue of his assistance to Wilson’s use of a firearm during the carjacking, but Taylor challenges the sufficiency of the evidence to establish that he knew beforehand of Wilson’s intent to use a firearm. Typically, we review the sufficiency of the evidence in the light most favorable to the government and reverse only if the record is devoid of evidence from which the jury could reach a finding of guilt. See United States v. Johnson-Dix, 54 F.3d 1295, 1302 (7th Cir.1995); United States v. Rosalez-Cortez, 19 F.3d 1210, 1215 (7th Cir.1994). However, our review here requires an even higher showing from Taylor because he failed to renew his motion for acquittal at the close of all evidence or within seven days of the verdict under Fed. R. Crim. P. 29. See United States v. Hickok, 77 F.3d 992, 1002 (7th Cir.1996) (citations omitted). As a result, “under well-established precedent in this circuit, [the defendant] has waived an appellate challenge to the sufficiency of the evidence and may obtain a reversal only if he demonstrates ‘a manifest miscarriage of justice.’ ” Id.

To convict for aiding and abetting under 18 U.S.C. § 924(c), the jury must find that the defendant knowingly and intentionally assisted the principal’s use of a dangerous weapon in a violent felony. See United States v. Woods, 148 F.3d 843, 848 (7th Cir.1998). This requires finding that (1) the defendant knew, either before or during the crime, of the principal’s weapon possession or use; and (2) the defendant intentionally facilitated that weapon possession or use once so informed. See id. However, “[m]erely aiding the underlying crime and knowing that a gun would be used or carried cannot support a conviction under 18 U.S.C. § 924(c).” Id.; see also United States v. Bancalari, 110 F.3d 1425, *597 1430 (9th Cir.1997); United States v. Medina, 32 F.3d 40, 45 (2d Cir.1994). Instead, “the defendant must aid and abet the use or carrying of the firearm.” Woods, 148 F.3d at 848.

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Bluebook (online)
226 F.3d 593, 2000 U.S. App. LEXIS 21115, 2000 WL 1176616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tracee-l-taylor-ca7-2000.