United States of America v. Michael Tremaine Schexnayder

Dallas, Texas one count of interference with commerce by robbery, one count of carjacking, one count of brandishing a firearm during a crime of violence, and one count of possession of a firearm by a convicted felon criminal defense lawyer represented ichael Tremaine Schexnayder, age 38.



According to evidence presented at trial, around 10:45 a.m. on July 16, 2019, Mr. Schexnayder entered a Grand Prairie T-Mobile store, armed with a small black pistol. After milling around for a few moments, he suddenly approached two employees and a customer, pointing his gun in their faces. He demanded they hand over personal possessions – cell phones, watches, cash, and car keys – and then ordered staff members to open the safe in the back of the store.



Terrified, one of the employees, an assistant store manager, explained that the safe was on a time delay, and would not open for a period of several minutes after she input the code. The employee testified that Mr. Schexnayder, who apparently did not believe her, grew agitated, and forced her instead to empty the till into a garbage bag. He then demanded that the same employee surrender her car keys and describe her vehicle, a boxy white Toyota Scion.



With their property in tow, he fled the store.



Employees and customers then barricaded themselves in the back of the store and the assistant manager dialed 911. Within moments of police's arrival, the assistant manager noticed her vehicle was missing, as was her iPhone.



With the assistant store manager's permission, officers quickly began tracking her phone, located the vehicle, and gave chase. An officer observed the driver run into a wooded area as the Toyota rolled to a stop. Officers later found Mr. Schexnayder lying in the woods, dressed in the same clothing robbery witnesses had described. A short distance away, they found a small black pistol stashed under a pile of wood.



The Bureau of Alcohol, Tobacco, Firearms & Explosives' Dallas Field Division conducted the investigation. Assistant U.S. Attorneys Gary Tromblay and Lindsey Beran are prosecuting the case. U.S. District Judge Sam A. Lindsay presided over the trial.



18 U.S.C. § 195l(a): Interference with Commerce by Robbery

(1)



§1951. Interference with commerce by threats or violence



(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.



(b) As used in this section—



(1) The term "robbery” means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.



(2) The term "extortion” means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.



(3) The term "commerce” means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.

18 U.S.C. § 924(c)(l)(A)(ii): Using, Carrying, and Brandishing a Firearm During and in Relation to a Crime of Violence

(2)





18 U.S.C. §§ 922(g)(l) and 924(a)(2): Possession of a Firearm by a Convicted Felon

(3)



(g) It shall be unlawful for any person—



(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;



(2) who is a fugitive from justice;



(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));



(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;



18 U.S.C. § 2119(1): Carjacking

(4)



§2119. Motor vehicles



Whoever, with the intent to cause death or serious bodily harm 1 takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall—



(1) be fined under this title or imprisoned not more than 15 years, or both,



(2) if serious bodily injury (as defined in section 1365 of this title, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) results, be fined under this title or imprisoned not more than 25 years, or both, and



(3) if death results, be fined under this title or imprisoned for any number of years up to life, or both, or sentenced to death.

6/04/2021 120 ELECTRONIC Minute Entry for proceedings held before Judge Sam A. Lindsay: Charge Conference as to Michael Tremaine Schexnayder held on 6/4/2021 Location interval set to: LC, Day Three of Jury Trial as to Michael Tremaine Schexnayder held on 6/4/2021 Location interval set to: LC. Charge to jury; closing arguments; Alternate juror released; Verdict - Defendant guilty on all counts. Attorney Appearances: AUSA - Gary Tromblay and Lindsey Beran; Defense - Laura Harper - Stand-by counsel. (No exhibits) Time in Court - 2:15. (Court Reporter: Charyse Crawford) (chmb) (Entered: 06/04/2021)

06/04/2021 121 MOTION to Accept for Value and Discharge filed by Michael Tremaine Schexnayder. (mjr) (Entered: 06/07/2021)

06/04/2021 122 Jury Charge as to Michael Tremaine Schexnayder. Signed by Judge Sam A. Lindsay on 6/4/2021. (mjr) (Entered: 06/07/2021)

06/04/2021 123 Court's Exhibit and Witness List from Trail held 6/1/2021-6/4/2021 as to Michael Tremaine Schexnayder. (mjr) (Entered: 06/07/2021)

06/04/2021 124 JURY VERDICT as to Michael Tremaine Schexnayder (1) Guilty on Count 1,2,3,4. (mjr) (Entered: 06/07/2021)

Jury Convicts Man of Robbing Cell Phone Store at Gunpoint.