United States v. Dennis Mahon

Dennis Mahon appeals his convictions under 18 U.S.C. §§ 844 (i) and (n) for the pipe bomb explosion at the City of Scottsdale Office of Diversity and Dialogue (“Diversity Office”), which injured three people and damaged property. Section 844(i) makes it a crime to damage or destroy, by means of an explosive, property that is “used in” interstate commerce or in “activity affecting” interstate commerce. Ma-hon contends his convictions are invalid because the Diversity Office’s activities did not satisfy the statute’s interstate commerce requirement. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. The Diversity Office was property “used in” commerce or in “activity affecting” commerce.

A concurrently filed memorandum disposition addresses Mahon’s other claims.

I. FACTS

A. The Diversity Office

Scottsdale created the Diversity Office to, among other things, promote the city as a “tourist destination.” One of the first of its kind in the country, it engaged in community outreach with businesses and cultivated relationships with local, national, and international organizations.

Housed in the city’s Human Resources building, the Diversity Office worked with…