Criminal Law Summaries    Case: Holloway v. United States
Issue: Whether the phrase "with the intent to cause death or
serious bodily harm" in 18 U.S.C. §2119, the federal
"carjacking" statute (which prohibits taking a motor vehicle
which has been shipped in interstate commerce from the person or
presence of another by force and violence or intimidation "with
the intent to cause death or serious bodily harm") requires the
Government to prove that a defendant had an unconditional intent
to kill or harm, or whether the Government need merely prove a
conditional intent, that is, an intent to kill or harm if
necessary to accomplish the carjacking. "More precisely, the
question is whether a person who points a gun at a driver,
having decided to pull the trigger if the driver does not comply
with a demand for the car keys, possess the intent, at that
moment, to seriously harm the driver?"  Facts: Petitioner
Holloway was convicted of three counts of carjacking, in
addition to several other offenses related to steal