United States v. Joseph Corona, III Lindsey McDonald

PATRICK E. HIGGINBOTHAM, Circuit Judge:

These federal arson convictions raise primarily Commerce Clause and double jeopardy concerns. We conclude that the convictions are within Congress’s commerce power. But we find that imposing separate sentences for arson, conspiracy to commit arson, and “using fire to commit conspiracy to commit arson” violated the Double Jeopardy Clause. We vacate the sentences and remand for resentencing.

I

In February of 1992, Joseph Corona, III, bought a two-story residential structure at 1637 Polymnia Street in New Orleans for $29,000. He insured the house for $45,000,…