Filed: Jul. 25, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-10797 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DERRICK ARNOLD GRAY; LARRY WAYNE WALKER, Defendants-Appellants. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:95-CR-45 - - - - - - - - - - July 11, 1996 Before HIGGINBOTHAM, EMILIO M. GARZA and BENAVIDES, Circuit Judges. PER CURIAM:* The Government argues that the evidence should be revi
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-10797 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DERRICK ARNOLD GRAY; LARRY WAYNE WALKER, Defendants-Appellants. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:95-CR-45 - - - - - - - - - - July 11, 1996 Before HIGGINBOTHAM, EMILIO M. GARZA and BENAVIDES, Circuit Judges. PER CURIAM:* The Government argues that the evidence should be revie..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-10797
Summary Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DERRICK ARNOLD GRAY;
LARRY WAYNE WALKER,
Defendants-Appellants.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:95-CR-45
- - - - - - - - - -
July 11, 1996
Before HIGGINBOTHAM, EMILIO M. GARZA and BENAVIDES, Circuit
Judges.
PER CURIAM:*
The Government argues that the evidence should be reviewed
for plain error because the appellants did not reurge their
motion for acquittal at the conclusion of the evidence.
We reject the Government's argument because the record
reflects that the parties and the district court agreed that the
appellants' motion for acquittal made at the close of the
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 95-10797
-2-
Government's case would be considered as having been reurged at
the conclusion of all evidence.
Derrick Arnold Gray and Larry Wayne Walker argue that the
evidence was insufficient to support their convictions for
carjacking because the Government failed to prove that the
carjacked vehicle had been transported, shipped, and received in
interstate commerce.
We have reviewed the record, including the trial
transcripts, the district court's rulings, and the briefs of the
parties, and find that the appellants' carjacking convictions
should be affirmed.
Viewing the evidence in the light most favorable to the
verdict, a rational jury could have found beyond a reasonable
doubt that the carjacked vehicle had been transported in
interstate commerce. See United States v. Johnson,
22 F.3d 106,
108-09 (6th Cir. 1994).
The appellants have abandoned on appeal their argument that
the district court erred in denying their motion to dismiss the
indictment because the Government failed to show that the
offenses committed by the appellants had a direct effect on
interstate commerce. See Brinkmann v. Dallas County Deputy
Sheriff Abner,
813 F.2d 744, 748 (5th Cir. 1987).
AFFIRMED.