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U.S. v. BALLINGER

Nos. 01-14872, 01-15080.

395 F.3d 1218 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Jay Scott BALLINGER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 10, 2005.

Attorney(s) appearing for the Case

Paul S. Kish (Fed. Pub. Def.), Fed. Def. Program, Inc., Atlanta, GA, for Ballinger.

Christopher A. Wray, Assistant Attorney General, Washington, DC, Amy Levin Weil, Office of U.S. Attorney, Atlanta, GA, for U.S.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR and HILL, Circuit Judges.

MARCUS, Circuit Judge:

Jay Scott Ballinger appeals his convictions for five counts of destruction of religious property on account of their religious character, in violation of 18 U.S.C. § 247. Ballinger claims that § 247 is an unconstitutional exercise of Congress' commerce power, both facially and as applied to his offenses. Moreover, he argues that § 247 does not, by its express terms, reach his conduct, which involved traveling by car on

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