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U.S. v. TERRY

Nos. 00-4856, 00-4902.

257 F.3d 366 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Curtis Lee TERRY, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Ronnie Williams, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 12, 2001.

Attorney(s) appearing for the Case

ARGUED: Jennifer P. May-Parker, Assistant United States Attorney, Raleigh, NC, for Appellant. Arthur Charles Zeidman, Federal Public Defender's Office; David William Venable, Raleigh, NC, for Appellees. ON BRIEF: Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Raleigh, NC, for Appellant. Thomas P. McNamara, Federal Public Defender, Raleigh, NC, for Appellees.

Before WILKINSON, Chief Judge, and MICHAEL and KING, Circuit Judges.

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge MICHAEL joined. Judge KING wrote an opinion concurring in the judgment.

OPINION

WILKINSON, Chief Judge:

We must decide whether the First Baptist Church of Raleigh, North Carolina was sufficiently "used in" interstate commerce under 18 U.S.C. § 844(i) (1994) to make arson of the church a federal crime. Because the church building contained a daycare...

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