United States First Circuit

Conviction of defendant for solicitation to commit a crime of violence and attempted arson, in connection with defendant's scheme to burn down her nightclub and bar, is affirmed where: 1) the district court acted appropriately in denying defendant's end-of-case motion for a judgment of acquittal as the evidence is sufficient to support a finding that, on the dates of the described arson, the defendant was taking meaningful, definite, and ongoing steps to return the building to the stream of commerce; 2) defendant's claim that the indictment was defective because it failed adequately to allege section 844(i)'s interstate commerce element is rejected; and 3) defendant's challenge to the district court's conclusion that it could not impose a stand-alone sentence of probation for a violation of section 844(i) is rejected.

Appellate Information

• Decided 08/26/2010
• Published 08/26/2010

Judges

• SELYA

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John M. Thompson, Mark T. Quinlivan