United States First Circuit

Defendant's conviction for maliciously destroying by fire a building owned by an institution receiving Federal financial assistance in violation of 18 U.S.C. section 844(f) is affirmed where: 1) in general, the statute should be limited to arson of property acquired, renovated, or leased using federal financial assistance; 2) section 844(f) is constitutional and it applies to defendant's conduct in this case; but 3) defendant's sentence is vacated and remanded in light of US v. Giggey to determine whether defendant's second career offender predicate is a crime of violence.

Appellate Information

• Decided 12/03/2009
• Published 12/03/2009

Judges

• DYK, Circuit Judge., Before Torruella, Boudin, and Dyk, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David Shaughnessy for appellant.


• For Appellees:
  
• Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.