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U.S. v. BROWN

No. 1:98CR34.

74 F.Supp.2d 637 (1998)

UNITED STATES of America, Plaintiff, v. Ricky Lee BROWN, Barbara M. Brown, and Janette A. Ables, Defendants.

United States District Court, N.D. West Virginia.

October 27, 1998.

Attorney(s) appearing for the Case

Paul T. Camilletti, Robert H. McWilliams, Jr., Wheeling, WV, Assistant United States Attorney, Northern District of West Virginia, Jay T. McCamic, McCamic & McCamic, Wheeling, WV, for defendant, Ricky Lee Brown.

Jeffrey B. O'Toole, Julie Dietrick, Washington, DC, John J. Pizzuti, Camilletti, Sacco & Pizzuti, Wheeling, WV, for defendant Barbara M. Brown.

Thomas J. Saunders, Baltimore, MD, Rocco E. Mazzei, Clarksburg, WV, Harry J. Trainor, Jr., Knight, Manzi, Nussbaum & LaPlaca, Upper Marlboro, MD, for defendant Janette A. Ables

MEMORANDUM OPINION AND ORDER

(Motion to Dismiss Count Fifteen, Arson Resulting in Death)

KEELEY, District Judge.

The question to be decided is whether application of the federal arson statute, 18 U.S.C. § 844(i), to a private residence is an unconstitutional exercise of Congress's Commerce Clause power. The Court holds that it is not.

I. BRIEF FACTUAL BACKGROUND

On November 21, 1997, fire destroyed the private...

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