United States v. Robin G. Lamont

Once again we are asked to delineate the appropriate scope of criminal law power as it is reposed within the federal government: this time, whether, under the general federal arson statute, setting fire to a church constitutes a federal offense. We hold that ordinarily it does not.

Appellant Robin Lamont entered a conditional guilty plea to committing arson with respect to the Subud church in Spokane, Washington. On appeal, Lamont argues that the application of the federal arson statute, 18 U.S.C. § 844 (i), to the church represents an unconstitutional exercise of the Commerce Clause power.

Following the recent case of Jones v. United States, 529 U.S. 848 , 120 S.Ct. 1904 , 146 L.Ed.2d 902 (2000), we hold that, as a matter of statutory construction, a building used as a church does, not by virtue of that use qualify as property “used in” interstate commerce or in any activity affecting interstate commerce for purposes of § 844(i). Accordingly, we reverse the judgment of the district court with instructions to vacate the plea and dismiss the indictment.

I. BACKGROUND

Shortly after midnight on July 1, 1999, the Spokane Valley Fire Department responded to a fire at the…