United States v. Anthony Richard Randolph, Jr.

This appeal asks us to consider the quantum of evidence necessary to establish the intent element recently added by Congress to the federal carjacking statute, 18 U.S.C. § 2119 , namely, that a defendant possess the “intent to cause death or serious bodily harm[J” 18 U.S.C. § 2119 . Defendant Anthony Richard Randolph, Jr. challenges the sufficiency of evidence underlying his conviction for carjacking in violation of 18 U.S.C. §§ 2119 and 2. Additionally, he challenges § 2119’s validity under the Commerce Clause of the Constitution as well as the district court’s enhancement of his sentence for seri ous physical injury under U.S.S.G. § 2B3.1(B)(3)(b).

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate Randolph’s conviction because we conclude the government failed to muster sufficient evidence to establish that Randolph acted “with the intent to cause death or serious bodily harm.”

FACTUAL AND PROCEDURAL HISTORY

The events surrounding Randolph’s indictment are largely undisputed. Randolph admits that he took the victim’s car and money at gunpoint and forced her to drive several miles before releasing her unharmed. He insists, however, that he had no intent to kill or…