United States Fourth Circuit

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US v. White, 13-4949

Conviction and sentence of defendant for arson and mail fraud, aiding and abetting arson, and accessory after the fact to arson, is affirmed, where: 1) the evidence is sufficient to permit the conclusion that the Van duplex was functioning as a rental apartment at the time of the fire, and thus was being actively used in a way that affected interstate commerce; 2) any rational trier of fact could find the essential elements of the crimes beyond a reasonable doubt; and 3) the sentencing enhancement on grounds that the Vane duplex was a "dwelling" under U.S.S.G. section 2K1.4 is proper, as the brief period during which the Van duplex was completely empty of tenants did not cause it to lose its essential character as a dwelling, given that one of the tenants continued to maintain personal property in her unit at the time of the fire and the unit was still in a habitable condition.

Appellate Information

  • Decided 11/17/2014
  • Published 11/17/2014

Judges

  • Traxler

Court

  • United States Fourth Circuit

Counsel

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