United States v. Hector Louie Andrini

On May 7, 1980, a deliberately set fire damaged an office building being constructed by Cove Development Company. The arsonist set the blaze using four gasoline-filled water jugs ignited by cigarettes and a pyrotechnic fuse. After a jury trial, Hector Andrini, an organizer for the Teamsters Union, was convicted for the malicious destruction of the building under 18 U.S.C. § 844 (i) and sentenced to a term of 40 months under 18 U.S.C. § 4205 (b)(2). His apparent motive was revenge for Cove Development’s refusal to cease doing business with a cement company involved in a labor dispute with the Teamsters.

On appeal, Andrini argues that the nexus between the building and interstate commerce was not sufficient to satisfy 18 U.S.C. § 844 (i), that the court erred in admitting testimony concerning his knowledge of starting fires, and that the court should have suppressed evidence obtained as a result of a warrantless search. Because we find none of Andrini’s arguments persuasive, we affirm his conviction.

I. The Interstate Nexus

Section 844(i), 18 U.S.C., proscribes the malicious damage or destruction, by means of an explosive, of any building or personal property either used in…