United States v. Richard Clark, III

LOKEN, Circuit Judge.

Richard Clark appeals his conviction for carjacking and for using a firearm while committing a crime of violence. He argues that the district court 1 erred in instructing the jury that it could draw three permissive inferences from the evidence, and in departing upward because of Clark’s extreme conduct. We affirm.

I. The Jury Instruction Issues

On the night of June 27, 1993, two armed carj ackers wearing bandannas over their faces ordered Warren Roehl out of the driver’s seat and into the back seat of his car, which was stopped at a Minneapolis intersection. One assailant,…