United States v. Robin G. Lamont

OPINION

REINHARDT, Circuit Judge.

Once again we are asked to delineate the appropriate scope of criminal law power as it is reposed within the federal government: this time, whether, under the general federal arson statute, setting fire to a church constitutes a federal offense. We hold that ordinarily it does not.

Appellant Robin Lamont entered a conditional guilty plea to committing arson with respect to the Subud church in Spokane, Washington. On appeal, Lamont argues that the application of the federal arson statute, 18 U.S.C. § 844(i), to the church represents an unconstitutional exercise…