United States Sixth Circuit

The government provided sufficient evidence to permit a rational jury to find that a church was actively employed in commercial activities with an effect on interstate commerce, thus dismissal of an indictment for arson under 18 U.S.C. section 844(i) is reversed.

Appellate Information

• Decided 12/06/2002
• Published 12/06/2002

Judges

• Before MERRITT and GILMAN, Circuit Judges;  TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Kevin P. Whitmore, Asst. U.S. Atty., U.S Attorney'sOffice, Memphis, TN, Linda F. Thome (argued and briefed), United States Department of Justice, Washington, DC, for Plaintiff-Appellant.


• For Appellees:
  
• A.C. Wharton, Jr. (argued and briefed), Wharton & Wharton & Associates, Memphis, TN, James R. Garts, Jr. (briefed), James D. Wilson (briefed), Harris, Shelton, Dunlap, Cobb & Ryder, Memphis, TN, for Defendant-Appellee.