United States Ninth Circuit

Convictions under 18 U.S.C. sections 844(i) and (n) for a pipe bomb explosion at the City of Scottsdale Office of Diversity and Dialogue, are affirmed where: 1) an intrinsically non-economic building can qualify under sections 844(i)'s interstate commerce requirement if the building actively engages in interstate commerce or activity that affects interstate commerce, and the fact that an entity is not-for-profit or municipal in nature does not foreclose a finding that it is actively engaged in interstate commerce; and 2) section 844(i) is not facially unconstitutional has the necessary jurisdictional interstate-commerce element.

Appellate Information

• Decided 07/20/2015
• Published 07/20/2015

Judges

• Owens

Court

• United States Ninth Circuit

Counsel