U.S. v. Adame

Record contained sufficient evidence to support defendant’s conviction on arson charge, even though defendant argued that govt. had failed to show that he poured gasoline and ignited fire at arson site, or that building at issue in arson charge substantially affected interstate commerce. Testimony of defendant’s former girlfriend indicated that she and defendant visited gas station prior to going to subject building on night of arson, and jury could infer that defendant poured gasoline and set building on fire where former girlfriend testified that: (1) defendant took backpack that could have contained gas container to building; and (2) she waited over two-hour period near building’s site before defendant appeared with garbage bags full of items from building. Also, govt. satisfied evidentiary burden for interstate commerce element of arson charge where building at issue was rental property. Defendant also forfeited any argument that govt. improperly introduced into evidence his alleged inculpatory statement that he did not “mean to hurt Jimmy,” where defendant argued that he was unaware of existence of said statement, which differed from two others that had been disclosed to him, since defendant failed to seek modification of record under Fed. R. App. P. 10(e) to include previously disclosed statements into record so as to allow Ct. of Appeals ability to fully consider said issue.