Legal Opinion

United States v. Eric v. Johnson

Court of Appeals for the Sixth Circuit

Decided April 22, 1994No. 93-5974PublishedCited by 60 opinions

1Opinion of the Court

MERRITT, Chief Judge.

This criminal appeal raises a double jeopardy question arising from the enforcement of two federal criminal statutes, the armed carjacking statute and the armed violence enhancement statute, as well as a question of Commerce Clause interpretation respecting the federal jurisdictional element of the carjacking statute. In 1992 Congress enacted the carjacking statute (18 U.S.C. § 2119) which criminalizes the theft from the “presence of another” of a car “transported, shipped or received in interstate” commerce while “possessing a firearm” during the commission of the…

2Cases cited13 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Whalen v. United StatesSupreme Court of the United States · 1980
  3. Albernaz v. United StatesSupreme Court of the United States · 1981
  4. Wickard v. FilburnSupreme Court of the United States · 1942
  5. Illinois v. VitaleSupreme Court of the United States · 1980

8 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. United States v. Kevin Bishop, United States of America v. Edward StokesCourt of Appeals for the Third Circuit · 1995
  2. United States v. Lavandris JohnsonCourt of Appeals for the Eighth Circuit · 1995
  3. United States v. David J. FarrowCourt of Appeals for the Sixth Circuit · 2000
  4. United States v. ColemanCourt of Appeals for the Fifth Circuit · 1996
  5. United States v. StewartCourt of Appeals for the Sixth Circuit · 2010

55 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API