Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge LUTTIG and Judge MOTZ joined.
OPINION
Following a two-day jury trial, Corey Allen Wilson (Wilson) was convicted of carjacking, and aiding and abetting the same, see 18 U.S.C. §§ 2, 2119, carrying and using a firearm during and in relation to a crime of violence, and aiding and abetting the same, see id. §§ 2, 924(c), and transporting a stolen vehicle in interstate commerce, and aiding and abetting the same, see id. §§ 2, 2312. On appeal, Wilson contends that: (1) the district court erred in instructing the jury that the intent element of carjacking could be satisfied upon a finding of conditional intent; (2) there is insufficient evidence in the record to support his carjacking conviction; and (3) the district court erred in sentencing him when it applied a two-level enhancement to his offense level for physical restraint of a person to facilitate commission of a carjacking, see U.S. Sentencing Guidelines Manual (USSG) § 2B3.1(b)(4)(B). Because each of Wilson’s contentions lacks merit, we affirm.
I
In January 1996, Wilson was introduced to Brian Lovell Gilbert (Gilbert) in Winston-Salem, North Carolina. As they became acquainted, Wilson and Gilbert began to discuss various ways to earn quick cash and different modes of transportation *469 to Williamsport, Pennsylvania, which was Wilson’s home town. In early February 1996, Wilson and Gilbert agreed to steal a car for the purpose of traveling to Williamsport.
On the night of February 3, 1996, Wilson and Gilbert were at a gas station in Winston-Salem where they observed a woman drive up in her car. The woman exited her car, entered the gas station’s convenience store to purchase cigarettes, exited the convenience store, entered her car, and drove off. Five minutes later, Wilson and Gilbert saw the woman return to the gas station in her car. At this point, Wilson said to Gilbert, “she must be wanting to get — she must be wanting her car taken.” (J.A. 74). Wilson then gave Gilbert a .25 caliber handgun and told Gilbert to “go ahead” and get the car. Id.
Gilbert approached the woman while she was in her car, pointed the gun at her, and directed her to get out of her car. The woman replied that she could not comply with Gilbert’s command because her baby was in the car. In response, Gilbert instructed the woman to grab her baby and get out of the car. After the woman complied with this request, Wilson and Gilbert entered the car and drove to the Salem Gardens housing project. Shortly thereafter, the police recovered the car.
On the evening of February 6, 1996, Julie Lutz was driving her car in Winston-Salem when she saw Wilson and Gilbert waving for her to stop. After Lutz stopped her car, Wilson told Gilbert, “we’re gonna get this car right here.” (J.A. 77). As Wilson and Gilbert approached Lutz’s car, Wilson told Lutz that it was cold, that they were a long way from home, and that they needed a ride. Lutz agreed to give Wilson and Gilbert a ride.
Wilson got in the front passenger seat of Lutz’s car, and Gilbert sat behind Lutz. At some point during the ride, Wilson handed the .25 caliber handgun to Gilbert. After five to ten minutes of travel, Gilbert placed the gun to the side of Lutz’s head and told her to pull over, which Lutz did. Wilson told Lutz to get out of the car and hand over all the money she had. Lutz then gave Wilson and Gilbert all the money in her purse and exited the car. After taking Lutz’s car, Wilson and Gilbert drove to Williamsport, where they were arrested on February 13,1996.
On July 30, 1996, Wilson and Gilbert were indicted by a federal grand juiy sitting in the Middle District of North Carolina on three counts. All three counts of the indictment stemmed from Wilson and Gilbert’s carjacking of Lutz’s car. Count one charged Wilson and Gilbert with carjacking, and aiding and abetting the same, see 18 U.S.C. §§ 2, 2119. Count two charged Wilson and Gilbert with carrying and using a firearm during and in relation to a crime of violence, and aiding and abetting the same, see id. §§ 2, 924(c). Count three charged Wilson and Gilbert with interstate transportation of a stolen vehicle, and aiding and abetting the same, see id. §§ 2, 2312.
Prior to trial, Gilbert pled guilty and agreed to testify for the government. Following a two-day jury trial, the jury convicted Wilson on all three counts. The district court sentenced Wilson to 197 months’ imprisonment. Wilson noted a timely appeal.
II
Wilson’s first argument is that the district court erred in its instruction to the jury concerning one of the elements of the offense of carjacking. We review the district court’s jury instructions in their entirety and as part of the whole trial,
see United States v. Lowe,
*470 A person commits the offense of carjacking if he or she “with the intent to cause death or serious bodily harm 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.” 18 U.S.C. § 2119. Wilson argues that the district court erred when it instructed the jury that the intent to cause death or serious bodily harm element of carjacking could be satisfied if the jury found that he “intended to cause death or serious bodily harm if the person from whom the vehicle was taken did not relinquish it.” (J.A. 157). According to Wilson, this type of “conditional intent” is insufficient because it renders the intent requirement virtually indistinguishable from the by force and violence or by intimidation element of carjacking. Wilson posits that the district court should have instructed the jury that he could be convicted of carjacking only if he had an unconditional intent “to cause death or serious bodily injury whether or not [Lutz] relinquished her car.” (J.A. 21).
While this appeal was pending, the Supreme Court decided
Holloway v. United States,
In this case, the district court’s instruction on conditional intent complied with Holloway. Like Holloway, the district court instructed the jury that the intent element of carjacking was satisfied if the government proved that the defendant intended to cause serious bodily injury or death if the victim refused to relinquish her car. Because there is no meaningful difference between the conditional intent instruction upheld in Holloway and the conditional intent instruction given by the district court in this case, Wilson’s challenge to the district court’s instruction on intent must be rejected.
Ill
Wilson’s second argument is that even under the conditional intent standard there is insufficient evidence in the record to support the jury’s verdict because there is no evidence in the record demonstrating that he and Gilbert intended to cause serious bodily injury or death to Lutz if she refused to relinquish her car. This argument is without merit.
Our sufficiency of the evidence standard of review is well-settled. The jury’s verdict must be upheld on appeal if there is substantial evidence in the record to support it.
See Glasser v. United States,
In this case, there is substantial evidence in the record demonstrating that Wilson and Gilbert intended to cause seri
*471
ous bodily injury or death to Lutz if she refused to relinquish her car. Gilbert testified that if Lutz had resisted he and Wilson “probably would have beat her, dragged her, might have even shot her.” (J.A. 100). Gilbert also testified that he and Wilson would have done whatever it took to overcome Lutz’s resistance, including the use of deadly force. This evidence constitutes substantial evidence to support the jury’s finding that Wilson and Gilbert intended to cause serious bodily injury or death to Lutz if she refused to relinquish her car.
See Holloway,
IV
Wilson’s final argument is that the district court erred in sentencing him when it applied a two-level enhancement to his offense level for physical restraint of a person to facilitate commission of a carjacking pursuant to USSG § 2B3.1(b)(4)(B). Wilson’s principal objection to the district court’s application of the USSG § 2B3.1(b)(4)(B) enhancement is that there is insufficient evidence in the record demonstrating that he physically restrained Lutz. We disagree.
The sentencing guideline applicable to carjacking is the Robbery Guideline, USSG § 2B3.1, under which the base offense level is twenty, see USSG § 2B3.1(a). Because Wilson’s offense involved carjacking, his base offense level was increased by two levels pursuant to USSG § 2B3.1(b)(l)(B) (“If ... the offense involved carjacking, increase by 2 levels.”). Because Lutz was physically restrained to facilitate the commission of the carjacking, the district court increased Wilson’s offense level two levels pursuant to USSG § 2B3.1(b)(4)(B) (“if any person was physically restrained to facilitate commission of the offense or to facilitate escape, increase by 2 levels”). Because the loss exceeded $10,000 but was $50,000 or less, Wilson’s offense level was increased by one level pursuant to USSG § 2B3.1(b)(6)(B). Wilson’s offense level of twenty-five, coupled with a criminal history category of VI, yielded a guideline range of 110-137 months. The district court sentenced Wilson to 137 months on the carjacking count. Wilson also received a mandatory sixty-month consecutive sentence for his carrying and using a firearm during and in relation to a crime of violence, and aiding and abetting the same.
In deciding to apply the USSG § 2B3.1(b)(4)(B) enhancement, the district court stated:
[T]he physical restraint is not duplicitous of any element in the definition of the offense, so it is not being double counted, because physical restraint is not necessarily proven to constitute a violation of the offense stated in 2119. In this case there was a restraint when the gun was pulled, the car was stopped, she was held long enough to have taken her money, and then forced out of the car. So for a period of time, albeit short, she was physically restrained, and then put out of the car as she — in an effort to facilitate the offense of taking the car. So the court finds that the enhancement of two levels is appropriate....
(J.A. 316-17).
In reviewing the application of the sentencing guidelines by the district court, we examine factual determinations for clear error.
See United States v. Singh,
USSG § 2B3.1.(b)(4)(B) provides
for
a two-level enhancement “if any person was physically restrained to facilitate commission of the offense.” USSG § lBl.l(i), to which application note 1 of USSG § 2B3.1 refers, provides that “ ‘physically restrained’ means the forcible restraint of the victim such as being tied, bound, or locked up.” We have held that “[pjhysical restraint” is not limited to the examples listed in USSG § 1Bl.1(i).
See United States v. Stokley,
A physical restraint enhancement is proper under USSG § 2B3.1.(b)(4)(B), or under the analogous Restraint of Victim Guideline, USSG § 3A1.3 (“If a victim was physically restrained in the course of the offense, increase by 2 levels.”), if the act of physical restraint “adds to the basic crime.”
United States v. Mikalajunas,
In contrast to
Stokley,
we declined to uphold the application of the physical restraint enhancement under USSG § 3A1.3 in
Mikalajunas. See Mikalajunas,
In this case, the district court properly applied the USSG § 2B3.1(b)(4)(B) physical restraint enhancement. A gun was held to Lutz’s head, and she was prevented from leaving her car, albeit briefly, until Wilson and Gilbert were able to get her money and gain control of her car. Under these circumstances, unquestionably, Lutz was physically restrained to facilitate the commission of the carjacking. In reaching this result, we note that physical restraint is not an element of carjacking, as carjacking does not necessarily involve physical restraint, and one can envision various carjacking scenarios involving no physical restraint at all. Indeed, the February 3, 1996 carjacking, for which Wilson and Gilbert were apparently not charged, involved no physical restraint. We also note that physical restraint is not specifically incorporated into the base offense level for robbery; rather it is a specific offense characteristic of the Robbery Guideline that must be applied unless its application is expressly prohibited.
See United States v. Williams,
*473 V
For the reasons stated herein, the judgment of the district court is affirmed.
AFFIRMED
Notes
Secondarily, Wilson argues that because he received a mandatory sixty-month consecutive sentence on the § 924(c) count, the application of the physical restraint enhancement under USSG § 2B3.1(b)(4)(B) resulted in impermissible double counting. This argument is without merit. We have emphasized repeatedly that the sentencing guidelines should be applied "as written.”
Williams,