Brief filed: 09/28/2015
United States v. Mahon
9th Circuit Court of Appeals; Case No. 12-10273
Decision below (panel decision) 793 F. 3d 1115 (9th Cir. 2015).
Congress lacks the power to prohibit crime against a building because its occupants engage in activities that affect interstate commerce. The Jones Court deliberately construed § 844(i) to avoid the pitfall identified by Morrison and Lopez. The panel erred by asking the question eschewed by Jones, thereby extending § 844(i) ‘s reach unconstitutionally.
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