United States v. Walter Cortes

OPINION

TROTT, Circuit Judge.

Walter Cortes (“Cortes”) was convicted of attempted carjacking in violation of 18 U.S.C. § 2119 (“carjacking statute”). Cortes requested a sentencing reduction to account for his acceptance of responsibility. The district court denied that request and sentenced Cortes to 97 months in prison.

On appeal, Cortes attacks the carjacking statute as an unconstitutional abuse of Congress’s Commerce Clause authority. Cortes appeals also his sentence insofar as it fails to account for his acceptance of responsibility. We have jurisdiction pursuant to 28 U.S.C. § 1291. Joining…