United States v. Garcia

Defendant was convicted of using a pipe bomb to damage a vehicle and apartment building in violation of 18 U.S.C. 844(i). On appeal, defendant challenged his conviction. Applying Russell v. United States and United States v. Gomez, the court concluded that there was sufficient evidence to satisfy Russell's per se rule that all rental property affects commerce sufficiently enough to warrant federal jurisdiction under section 844(i). In this case, the apartments were leased, the apartment building was advertised on the internet, and many of its residents were from out of state. Further, the apartment building was damaged by defendant's use of an explosive device. Therefore, the government satisfied the jurisdictional provisions of section 844(i), and the district court properly denied defendant's motion for a judgment of acquittal. Nothing in United States v. Morrison undermined Russell's per se rule and Morrison did not overrule Russel or Gomez. Accordingly, the court affirmed the conviction. View "United States v. Garcia" on Justia Law