RAMIREZ-BURGOS v. U.S.

No. 01-1012.

313 F.3d 23 (2002)

Julio RAMIREZ-BURGOS, Petitioner, Appellant, v. UNITED STATES, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 10, 2002.


Attorney(s) appearing for the Case

James M. Fox for appellant.

Thomas F. Klumper, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Jorge E. Vega-Pacheco, Assistant United States Attorney, were on brief for appellee.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.


STAHL, Senior Circuit Judge.

A jury convicted petitioner Julio Ramirez-Burgos of aiding and abetting two carjackings in violation of 18 U.S.C. § 2 and § 2119, and of using a weapon during the commission of a violent crime in violation of 18 U.S.C. § 924(c). Although Count One of the superseding indictment charged Ramirez with violating 18 U.S.C. § 2119(2), the trial court did not instruct the jury to determine whether the victim of the carjacking...

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