U.S. v. JOHNSON

No. 93-5974.

22 F.3d 106 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Eric V. JOHNSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 22, 1994.


Attorney(s) appearing for the Case

Curtis L. Collier, Asst. U.S. Atty. (briefed), Chattanooga, TN, for plaintiff-appellee.

Frank B. Perry (briefed), Ringgold, GA, for defendant-appellant.

Before: MERRITT, Chief Judge; GUY, Circuit Judge; and ALDRICH, District Judge.


MERRITT, Chief Judge.

This criminal appeal raises a double jeopardy question arising from the enforcement of two federal criminal statutes, the armed carjacking statute and the armed violence enhancement statute, as well as a question of Commerce Clause interpretation respecting the federal jurisdictional element of the carjacking statute. In 1992 Congress enacted the carjacking statute (18 U.S.C. § 2119) which criminalizes the theft from the "presence of another...

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