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Second Circuit Review: Matters of First Impression Relating to Federal Carjacking

May 27, 2021

Litigation of counsel Martin Flumenbaum and firm chairman Brad Karp’s latest Second Circuit Review column, “Matters of First Impression Relating to Federal Carjacking,” appeared in the May 26 issue of the New York Law Journal. The authors discuss the Second Circuit’s recent ruling in United States v. Felder on three open issues of first impression regarding the mens rea and causation requirements of the federal carjacking statute. Joining six other circuits in identifying federal carjacking as a predicate crime of violence, the court rejected several arguments aimed at limiting the scope and penalties of the statute, providing significant guidance to lower courts and prosecutors. Litigation associate Alexander Atkins assisted in the preparation of this column.

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