United States v. Gregory Lee Martin, Sr.

FLAUM, Circuit Judge.

Defendant Gregory Lee Martin, Sr. was convicted of arson involving a budding used in interstate commerce, in violation of 18 U.S.C. § 844®, and sentenced to fifty years imprisonment. Martin disputes federal jurisdiction over the arson charge, several evi-dentiary rulings, a jury instruction, and his sentence. We affirm his conviction but vacate his sentence and remand for resentenc-ing.

I

In the early morning of October 24, 1992, fire destroyed a two-story apartment budding at 1414 Highland Avenue in Alton, Illinois. No one lived in the budding at the time of the fire,…