United States v. Donovan Dwayne Oliver Darryl Lee McMillan Nathaniel Jones

Defendants Donovan Dwayne Oliver, Darryl Lee McMillan, and Nathaniel Jones appeal their convictions and sentences for carjacking/aiding and abetting, in violation of 18 U.S.C. §§ 2 and 2119, and using a firearm during a crime of violenee/aiding and abetting, in violation of 18 U.S.C. §§ 2 and 924(c). We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, and vacate and remand in part.

I.

Background

The evidence at trial disclosed the following facts: On December 7, 1992, Oliver, Jones and McMillan drove to a liquor store in Bakersfield, California. In the liquor store parking lot, they approached Ali Nassar Mu-tanna and Abdullah Mardaie, who were in Mardaie’s parked car. After ordering Mu-tanna and Mardaie out of the car, Oliver held them at gunpoint. Oliver stuck the barrel of his firearm into Mutanna’s left ear and held it there to ensure that Mutanna would not move, causing Mutanna’s ear to bleed profusely. Meanwhile, Jones and McMillan searched Mutanna’s and Mardaie’s pockets. Oliver then forced Mutanna behind the liquor store, ordered him to lie on the ground, and struck him in the head while he was lying there. Oliver told Mutanna that Oliver would kill him if…