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U.S. v. SOLER

Docket Nos. 12-2077-cr, 12-3831-cr.

759 F.3d 226 (2014)

UNITED STATES of America, Appellee, v. William SOLER, Sami Waters, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 22, 2014.

Attorney(s) appearing for the Case

Richard M. Tucker ( Emily Berger , W. David Sarratt , on the brief), Assistant United States Attorneys, for Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee.

David A. Lewis , Assistant Federal Public Defender, Federal Defenders of New York, Inc., New York, NY, for Defendant-Appellant Soler.

Tina Schneider , Portland, ME, for Defendant-Appellant Waters.

Before: KATZMANN, Chief Judge, WALKER and DRONEY, Circuit Judges.

KATZMANN, Chief Judge:

This appeal calls upon us to interpret language in the federal carjacking statute, 18 U.S.C. § 2119 (the "carjacking statute"), that defines how near a robbery victim must be to his or her stolen automobile to render the robber criminally liable for carjacking. That is, this case requires us to decide what the federal carjacking statute means when it criminalizes the forcible taking of an automobile "from the person or presence" of the...

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