United States v. Harvey Andrew Rea

HANSEN, Circuit Judge.

Harvey Rea appeals his conviction for conspiracy to commit arson in violation of 18 U.S.C. §§ 844(i) and 371. Rea argues that the district court erred in denying his motion to dismiss for prior jeopardy. Rea also argues that the district court erred in reinstating his conviction because even after the evidentiary hearing, the evidence did not demonstrate that the church annex he damaged was “used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce,” an element of 18 U.S.C. § 844© (1994). We affirm in part and reverse in part.»

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