Court of Appeals for the Sixth Circuit March 29, 2001, No. 99-6007 (United States v. Tolbert)

BECKWITH, District Judge.

Defendant-Appellant Shantrell Tolbert appeals his conviction and sentence for carjacking in violation of 18 U.S.C. § 2119. On appeal, Appellant argues that: 1) his Fifth Amendment right to due process and Sixth Amendment right to a trial by jury were violated because the indictment failed to allege and the prosecution failed to prove the element of serious bodily injury;