U.S. v. Johnson

Federal 7th Circuit Court
Criminal Court
Arson
Citation
Case Number: 
Nos. 21-2730 & 21-2989 Cons.
Decision Date: 
August 2, 2022
Federal District: 
W.D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in denying defendants’ motion to dismiss their indictment on federal arson charge (18 USC section 844(i)), even though defendants argued that said statute was unconstitutional because Congress overstepped its Commerce Clause authority when it enacted said statute. Ct. of Appeals found that said statute was constitutional, where statute’s jurisdictional element limits statute’s reach to discrete set of arsons that have explicit connection with or effect on interstate commerce. Record showed that defendants had burned building that housed business, and Ct. observed that section 844(i) covers only property currently used in commerce or in activity affecting commerce.