Renteria

MEMORANDUM **

This is an appeal from a conviction for setting fire to a synagogue, in violation of 18 U.S.C. § 844 (i). We hold that the district court erred in instructing the jury on the interstate commerce element of the offense. We therefore reverse the conviction and remand to the district court for a new trial.

I

The following facts are undisputed. Beth Am Synagogue, located in San Diego, California, is a nonprofit religious corporation under to I.R.C. § 501(c)(3). In addition to providing religious services, the Synagogue has a religious school, preschool day care, a social hall, administrative offices for the temple and the school, and a gift shop.

The appellant, Manuel Tiscorena Renteria, set the Synagogue on fire by igniting its main doors. The fire also damaged the stained glass windows and stucco. The cost of repairing the damage was approximately $128,000.

The governing statute (18 U.S.C. 844(i)) criminalizes one who “maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign…