US v. Hersom, No. 07-2401

Defendant's conviction for maliciously destroying by fire a building owned by an institution receiving Federal financial assistance in violation of 18 U.S.C. section 844(f) is affirmed where: 1) in general, the statute should be limited to arson of property acquired, renovated, or leased using federal financial assistance; 2) section 844(f) is constitutional and it applies to defendant's conduct in this case; but 3) defendant's sentence is vacated and remanded in light of US v. Giggey to determine whether defendant's second career offender predicate is a crime of violence.     

Read US v. Hersom, No. 07-2401

Appellate Information

Appeal from the United States District Court for the District of Maine

Decided December 1, 2009

Judges

Before:  Torruella, Dyk, and Boudin, Circuit Judges

Opinion by Dyk, Circuit Judge

Counsel

For Appellant:  David Shaughnessy

For Appellee:  Margaret D. McGaughey, Appellate Chief, Paula D. Silsby, United States Attorney