### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 30752 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. JOCK R. JONES , Defendant

- Appellant

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:14

- CR

- 88

Before WIENER, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM: * Defendant

- Appellant Jock R. Jones pleaded guilty to possession of a firearm by a convicted felon and was convicted following a bench trial of carjacking and using a firearm during the commission of a crim e of violence. He asserts that his carjacking conviction was error because the evidence does not show that at the time that he took the vehicle he had the intent to cause death or serious bodily harm to the victim

.

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 14, 2016 Lyle W. Cayce Clerk Case: 15-30752 Document: 00513422669 Page: 1 Date Filed: 03/14/2016No. 15

- 30752

2 Viewed in the light most favorable to the g overnment, the evidence shows that Jones intended to harm or kill the victim at the time he demanded the vehicle. See United States v. Diehl , 775 F.3d 714, 721 (5th Cir. 2015). Jones’s intent to harm or kill the victim may be inferred from his actions when he grabbed her by her hair, put her in a chokehold, put a firearm to her temple, dragged her to the bus, and threat ed to shoot her children or to kill the victim if her children called the police. Jones’s acti ons demonstrate that at the time that he took the vehicle he had the intent to cause death or serious bodily harm and was willing to use violence if necessary. See United States v. Frye , 489 F.3d 201, 207

- 08 (5th Cir. 2007). Jones’s assertion t hat his pr imary moti ve was to hold the victim against her will lacks merit. We have rejected similar contentions that a defendant’s primary motivation was not to take the vehicle, but to commit another offense or to achieve some other purpose. See id. ; United Stat es v. Harris , 25 F.3d 1275, 1279 (5th Cir. 1994)

. The carjacking statute does not require that the taking of a motor vehicle “be an ultimate motive of the crime.” See United States v. Garcia

- Alvarez , 541 F.3d 8, 16 (1st Cir. 2008) ; United States v. Gurul e , 461 F.3d 1238, 1243 (10th Cir. 2006) ; United States v. Diaz , 248 F.3d 1065, 1098 (11th Cir. 2001)

. Jones also argues that because there was no evidence to show that he committed a carjacking, the evidence was insufficient to show that he used a firearm during the commission of a crime of violence. T he evidence was sufficient to support Jones’s carjacki ng conviction, and “[c]arjacking is always and without exception a ‘crime of violence’ as that term is defined in 18 U.S.C. § 924(c)(3),” so Jones has not shown that the evidence was insufficient to support his conviction for using a firearm during the com mission of a crime of violence. See Frye , 489 F.3d at 208

- 09 ( citation omitted)

. AFFIRMED. Case: 15-30752 Document: 00513422669 Page: 2 Date Filed: 03/14/2016