Affirmance of Completed Carjacking as a Categorical Crime of Violence Under 18 U.S.C. § 924(c)

Introduction

United States v. Caille is a Second Circuit summary-order decision issued on May 21, 2025. The defendant, Dieuverson Caille, was convicted in the Eastern District of New York of:

Conspiracy to commit carjacking (18 U.S.C. § 371),
Three counts of substantive carjacking (18 U.S.C. § 2119), and
Three counts of brandishing a firearm during a crime of violence (18 U.S.C. § 924(c)(1)(A)).

On appeal, Caille challenged (1) whether carjacking is categorically a “crime of violence” for § 924(c), (2) the admission of two potentially suggestive identifications, and (3) the admission of uncharged-conduct evidence under Rule 404(b). The court unanimously affirmed.

Summary of the Judgment

The Second Circuit held:

Crime-of-Violence Predicate: Federal carjacking (18 U.S.C. § 2119) is divisible between completed and attempted offenses, and completed carjacking is categorically a “crime of violence” under § 924(c)(3)(A), reaffirming United States v. Felder (2d Cir. 2021).
Identification Procedures: A six-person photo array and a single-photo show-up were neither so unduly suggestive as to violate due process nor rendered unreliable such that their in-court identifications had to be excluded.
Rule 404(b) Evidence: Testimony regarding Caille’s gang membership, uncharged carjackings, and use of firearms was admissible to explain the conspiracy’s background, motive, modus operandi, and the witness’s relationship to Caille, and its probative value was not substantially outweighed by unfair prejudice.

Accordingly, the 288-month sentence, including a mandatory 21-year minimum on the firearm counts, was affirmed.

Analysis

Precedents Cited

18 U.S.C. § 924(c)(1)(A) – imposes a consecutive minimum 7-year sentence for using or brandishing a firearm “during and in relation to any crime of violence.”
18 U.S.C. § 924(c)(3)(A) – defines “crime of violence” by the categorical approach.
18 U.S.C. § 2119 – federal carjacking statute, penalizing “takes … by force and violence or by intimidation, or attempts to do so.”
United States v. Felder, 993 F.3d 57 (2d Cir. 2021) – held completed carjacking is categorically violent, even when committed by intimidation.
United States v. Taylor, 596 U.S. 845 (2022) – found attempted Hobbs Act robbery not a categorical crime of violence, but did not disturb Felder.
United States v. Pannell, 115 F.4th 154 (2d Cir. 2024) – clarifies when a statute is divisible into separate offenses.
United States v. Pastore, 83 F.4th 113 (2d Cir. 2023) – explains the categorical approach overview.
Neil v. Biggers, 409 U.S. 188 (1972) – sets factors for reliability of in-court identifications after suggestive procedures.
Rule 404(b), Federal Rules of Evidence – governs admissibility of other-act evidence.

Legal Reasoning

Categorical Approach & Divisibility: The court reaffirmed that § 924(c)(3)(A) requires analyzing the elements of § 2119 in isolation (the “categorical approach”). It treated completed carjacking and attempted carjacking as two separate offenses because § 2119’s text punishes “takes … or attempts to do so” in the alternative. Thus, conviction for completed carjacking alone supplies the necessary predicate.

Identification Challenges: The victim’s six-person photo array was not unduly suggestive—no unique features singled out Caille—and any reliability concerns were for the jury. The single-photo show-up, though generally disfavored, was followed quickly by an in-court identification with strong independent indicia (familiarity, proximity in time, detail).

404(b) Evidence: Evidence of Caille’s uncharged acts was admitted not to prove bad character but to explain the conspiracy’s formation, the relationship of mutual trust among members, the gang’s modus operandi, and the witness’s credibility. The probative value outweighed any risk of unfair prejudice.

Impact

This decision will guide future § 924(c) prosecutions by:

Confirming that completed federal carjacking remains a categorical crime of violence in the Second Circuit despite post-Taylor scrutiny;
Illuminating how to apply the divisibility doctrine when statutes combine substantive and inchoate offenses;
Reinforcing standards for challenging photo arrays and show-ups—and emphasizing robust reliability factors under Neil v. Biggers;
Clarifying the scope of admissible co-conspirator and other-act evidence under Rules 404(b) and 403.

Complex Concepts Simplified

Categorical Approach: Judges look only to the statutory elements, not the defendant’s specific conduct, to decide if an offense is a “crime of violence.”
Divisible Statute: A statute that lists alternative elements creates separate offenses (e.g., “takes” vs. “attempts”). Courts may then focus on the particular variant of conviction.
Inchoate Offense: An incomplete or attempted crime that punishes intent plus an overt act falling short of success.
Suggestive Identification: A procedure that risks pointing a witness to the suspect. If suggestive, the court examines five Biggers factors (viewing conditions, certainty, time lapse, description accuracy, witness attention).
Rule 404(b) Evidence: Other-act evidence may not be used to show a defendant’s bad character, but it can be admitted for purposes such as motive, plan, or knowledge if its probative value is not substantially outweighed by unfair prejudice.

Conclusion

United States v. Caille solidifies completed carjacking’s status as a categorical crime of violence under § 924(c). It clarifies the divisibility of inchoate and completed offenses, reaffirms due-process guardrails for identification procedures, and confirms the proper framework for admitting co-conspirator and other-act evidence. The decision is a significant touchstone for appellate courts, trial judges, prosecutors, and defense counsel navigating the intersection of carjacking, firearms offenses, and evidentiary challenges in federal court.