Legal Opinion

United States v. Belcher

District Court, E.D. Virginia

Decided December 2, 1983No. Crim. 83-00073-01-RPublishedCited by 7 opinions

1Opinion of the Court

OPINION

WARRINER, District Judge.

I

Defendant Belcher has been charged with criminally setting fire to a restaurant in Colonial Heights, Virginia, known as Ea-den’s Creative Cookery. He has moved to dismiss the indictment since, he claims, the statute, 18 U.S.C. § 844(i), 1 was not offended. The building was closed for repair at the time of the fire and hence, he argues, was not “used in interstate ... commerce.” Thus, the threshold question that must be addressed is whether this Court, under the aegis of 18 U.S.C. § 844(i), has subject matter jurisdiction over the arson charged. Although the…

2Cases cited25 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Coolidge v. New HampshireSupreme Court of the United States · 1971
  3. Perez v. United StatesSupreme Court of the United States · 1971
  4. Scarborough v. United StatesSupreme Court of the United States · 1977
  5. United States v. HeldtCourt of Appeals for the D.C. Circuit · 1981

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3Cited by7 opinions

  1. United States v. Anne C. Voss, United States of America v. Thomas E. LoweCourt of Appeals for the Eighth Circuit · 1986
  2. United States v. Joseph L. Medeiros, Jr.Court of Appeals for the First Circuit · 1990
  3. United States v. Dohn Ardell PattersonCourt of Appeals for the Fifth Circuit · 1986
  4. United States v. Michael Wayne ShockleyCourt of Appeals for the Eleventh Circuit · 1984
  5. United States v. DobyDistrict Court, N.D. Indiana · 1988

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