No. 24-5499

Donald Alfred Busch v. United States

Lower Court: Tenth Circuit
Docketed: 2024-09-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: carjacking legislative-intent mechanical-power motor-vehicle off-road-vehicle statutory-interpretation
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-10-11
Question Presented (AI Summary)

Whether the definition of 'motor vehicle' in the 1984 Motor Vehicle Theft Law Enforcement Act applies to the 1992 Anti-Car Theft Act's carjacking statute for off-road vehicles

Question Presented (OCR Extract)

QUESTIONS PRESENTED. The Motor Vehicle Theft Law Enforcement Act of 1984 provided a definition for “motor vehicle” to mean “a vehicle driven or drawn by mechanical powers and manufactured primarily for use on public streets, roads or highways.” This definition was the same as that found in other federal vehicle legislation such as the National Traffic and Motor Vehicle Safety Act of 1966. Eight years after the 1984 legislation, Congress amended the law with the Anti-Car Theft Act of 1992, which Congress said was “to prevent and deter auto theft.” The crime covered by the statute is commonly referred to as “carjacking.” The 1992 legislation prohibited a person, with intent to cause death or serious bodily harm, from taking a “motor vehicle” from the person or presence of another by force and violence or by intimidation. Does the definition of a “motor vehicle” in the 1984 legislation apply to the 1992 law to preclude a prosecution for “carjacking” of a dirt bike that the government’s expert testified was designed to travel “strictly off-road?”

Docket Entries

2024-10-15
Petition DENIED.
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-09-16
Waiver of right of respondent United States to respond filed.
2024-09-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2024)

Attorneys

Donald Busch
William Dixon Lunn Jr.Attorney At Law, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent