March 24, 2016.
from the United States District Court for the Middle District
of North Carolina, at Greensboro. (1:14-cr-00193-NCT-1). N.
Carlton Tilley, Jr., Senior District Judge.
Davis, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Winston-Salem,
North Carolina, for Appellant.
David Pousson, OFFICE OF THE UNITED STATES ATTORNEY,
Greensboro, North Carolina, for Appellee.
C. Allen, Federal Public Defender, OFFICE OF THE FEDERAL
PUBLIC DEFENDER, Greensboro, North Carolina, for Appellant.
Rand, United States Attorney, OFFICE OF THE UNITED STATES
ATTORNEY, Greensboro, North Carolina, North Carolina, for
DUNCAN and THACKER, Circuit Judges, and DAVIS, Senior Circuit
Judge. Senior Judge Davis wrote the opinion, in which Judge
Duncan and Judge Thacker joined.
Senior Circuit Judge:
a two-day trial, a jury in the Middle District of North
Carolina convicted Kenneth Lee Bailey, Jr., of carjacking in
violation of 18 U.S.C. § 2119. Bailey appeals on the
ground that the government adduced insufficient evidence to
support the jury's determination that he acted with the
requisite intent to sustain a federal carjacking
conviction. We hold that, under the teaching of
Holloway v. United States, 526 U.S. 1, 119 S.Ct.
966, 143 L.Ed.2d 1 (1999), the evidence was insufficient to
support a rational finding beyond a reasonable doubt that
Bailey possessed the specific intent, conditional or
otherwise, to kill or seriously harm his victim when he took
control of the vehicle. Accordingly, we vacate the judgment
and remand with instructions that a judgment of acquittal be
in the light most favorable to the government, see United
States v. Perry, 757 F.3d 166, 175 (4th Cir. 2014), the
record may be summarized as follows.
night of April 17, 2014, while sitting in a marked patrol car
at the intersection of Railroad and Liberty Streets in
Durham, North Carolina, Durham Police Officer Kimberly
Schooley (" Officer Schooley" ) observed a burgundy
Nissan Maxima driven by Bailey turn onto Railroad Street. As
the Maxima passed her, Officer Schooley noticed that both of
the vehicle's tag lights ...