United States v. Ryan Scharber

MURPHY, Circuit Judge.

Ryan Scharber pled guilty to setting federal forest land afire in violation of 18 U.S.C. § 1855, and maliciously attempting to commit arson of a building affecting interstate commerce, in violation of 18 U.S.C. § 844(i). At sentencing Scharber claimed that a five year mandatory minimum sentence under § 844(i) did not apply because the government had failed to prove that he had acted with malice in attempting to commit arson. The district court 1 disagreed and sentenced him to the five year mandatory minimum term. Scharber now appeals his sentence. We affirm.

In August…