Martin Flumenbaum and Brad S. Karp Matters of First Impression Relating to Federal Carjacking
On March 31, in 'United States v. Felder', the U.S. Court of Appeals for the Second Circuit resolved three matters of first impression regarding the mens rea and causation requirements of the federal carjacking statute and joined six other circuits in identifying federal carjacking as a predicate crime of violence. In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp discuss the case and the court's ruling.
May 25, 2021 at 12:30 PM
7 minute read
On March 31, 2021, in United States v. Felder, the U.S. Court of Appeals for the Second Circuit resolved three matters of first impression regarding the mens rea and causation requirements of the federal carjacking statute and joined six other circuits in identifying federal carjacking as a predicate crime of violence. In a unanimous opinion, written by Senior Circuit Judge Reena Raggi, and joined by Circuit Judges Richard Sullivan and Joseph Bianco, the Second Circuit ruled that (1) an unconditional intent to harm or kill can satisfy the mens rea element for federal carjacking, (2) but-for causation, without proximate causation, can satisfy the "death results" requirement for enhanced penalties in the federal carjacking statute, and (3) federal carjacking resulting in death is a predicate "crime of violence."
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