United States Tenth Circuit

Appellant relieved the government of its burden of proving the interstate commerce element in an 18 U.S.C. section 844(i) arson conviction by twice explicitly stipulating a sufficient nexus and independently by pleading guilty, and cannot now argue on habeas review that the government failed to establish that element.

Appellate Information

• Decided 05/03/2002
• Published 05/03/2002

Judges

• BRORBY, Circuit Judge., Before BARRETT, PORFILIO and BRORBY, Senior Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs., Jeremiah C. Tush, pro se.


• For Appellees:
  
• James E. Flory, United States Attorney, and Nancy Landis Caplinger, Assistant United States Attorney, Topeka, KS, for Plaintiff-Appellee.