United States Ninth Circuit

Conviction of defendant for using a pipe bomb to damage a vehicle and apartment building in violation of 18 U.S.C. section 844(i) is affirmed, where: 1) there was sufficient evidence that damage to the apartment building substantially affected interstate commerce, thereby satisfying the Commerce Clause jurisdictional element of section 844(i); and 2) nothing in United States v. Morrison undermined the per se rule in Russell v. United States that damage to a rental apartment building satisfies the jurisdictional provisions of section 844(i).

Appellate Information

• Decided 09/18/2014
• Published 09/18/2014

Judges

• Rawlinson

Court

• United States Ninth Circuit

Counsel