District court erroneously grants judgment of acquittal in carjacking case

AIDING AND ABETTING United States v. Vallejos, No. 04-2216, ___ F.3d ___ (10th Cir. Aug. 19, 2005)(New Mexico). Government appeal of district court’s grant of defendant’s motion for judgment of acquittal after jury found him guilty of aiding and abetting carjacking in violation of 18 U.S.C. § 2119 and 18 U.S.C. § 2. HELD: District court’s entry of judgment of acquittal based on defendant’s lack of culpable intent was erroneous. District court reasoned incorrectly that in order for defendant to be guilty of aiding and abetting carjacking, he must have known to practical certainty that carjacking principal possessed conditional intent to inflict death or serious bodily harm (i.e. through evidence that principal pointed gun at victim-driver). However, even under erroneous standard of “practical certainty,” government proved defendant had requisite intent to aid and abet carjacking because evidence showed defendant saw principal brandish firearm as he was carjacking victim’s truck. Read the opinion here.