United States Of America v. Lake

150 F.3d 269 (1998)

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Nature of the Case

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Facts

D hitchhiked to Little Magen's Bay and encountered Clarke, who was sitting on the beach reading a newspaper. D asked whether Clarke owned a white car parked up on the road. Clarke said that he did, and D walked away. D returned a few moments later and asked to borrow the car. When Clarke refused, D stated that it was an emergency. Clarke again refused, and D walked off. When Lake returned yet again, Clarke berated D and told him to go someplace else. D left and returned again. Clarke said: 'Don't you get it? Leave me alone.' D then lifted his shirt, showed Clarke the handle of a gun, and said: 'You know what that is?' D pulled the gun from his waistband, put it against Clarke's face, and demanded the car keys. Clarke said that he did not have the keys and started walking toward the water with Lake following. Clarke waded into waist-deep water, and D walked out onto a promontory overlooking the water. Clarke's friend, Pamela Croaker, appeared on the beach. Clarke shouted a warning, prompting D to approach Croaker. D demanded that Croaker surrender her car keys, and Croaker said: 'I don't even know you. Why would I give you the keys to the car?' D then grabbed the keys, and the two wrestled for possession of the keys. When Croaker saw the gun, she surrendered the keys but asked to keep her house keys. D then drove away in Croaker's car after leaving her house keys on the hood of Clarke's car. Police apprehended d in the stolen car at a McDonald's restaurant. D stated that he had used a toy gun and that he had thrown it in a swamp. He refused to take the officers to the site where he had allegedly disposed of the gun. The gun was never recovered. D was indicted for carjacking. D moved unsuccessfully for a judgment of acquittal. The jury subsequently returned a verdict of not guilty of the carjacking charge but guilty of the firearms offense. D was sentenced to imprisonment for 60 months plus a three-year term of supervised release. D appealed.