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UNITED STATES v. BELCHER

Crim. No. 83-00073-01-R.

577 F.Supp. 1241 (1983)

UNITED STATES of America v. Donald McArthur BELCHER.

United States District Court, E.D. Virginia, Richmond Division.

December 2, 1983.

Attorney(s) appearing for the Case

Gregory Welsh, Asst. U.S. Atty., Richmond, Va., for plaintiff.

Lawrence D. Diehl, Petersburg, Va., for defendant.

OPINION

WARRINER, District Judge.

I

Defendant Belcher has been charged with criminally setting fire to a restaurant in Colonial Heights, Virginia, known as Eaden's Creative Cookery. He has moved to dismiss the indictment since, he claims, the statute, 18 U.S.C. § 844(i),1 was not offended. The building was closed for repair at the time of the fire and hence, he argues, was not "used in interstate ... commerce....

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