Does section 215 of the Criminal Code of the United States apply to carjacking?
MultiRegion, United States of America
The following excerpt is from United States v. Baldon, No. 18-10411 (9th Cir. 2020):
1226 (9th Cir. 2017) (emphasis added). This is necessary because "we must presume that the conviction rested upon [nothing] more than the least of th[e] acts criminalized." Moncrieffe v. Holder, 569 U.S. 184, 190-191 (2013). Here, the least of the acts criminalized, as shown by the jury instructions, is carjacking accomplished by fear of injury to property.9 Thus, section 215 is not a categorical match to the elements clause of 4B1.2(a).
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