United States v. John L. Sweet

HARLINGTON WOOD, Jr., Circuit Judge.

The major issue is whether Congress in enacting 18 U.S.C. § 844(i) 1 has exceeded its permissible reach into local matters under the Commerce Clause of the Constitution of the United States as applied to the facts of this case. We think not.

On August 28,1975, the defendants, John L. Sweet, Henry D. Hollowell and James C. Hogan, were charged in a four count indictment with conspiring to destroy a tavern and its contents (Count I); Hollowed and Hogan with unlawful making and possession of fire bombs (Counts II and III); and ad three defendants with malicious…