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U.S. v. MEDEIROS

No. 89-1713.

897 F.2d 13 (1990)

UNITED STATES, Appellee, v. Joseph L. MEDEIROS, Jr., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided March 2, 1990.

Attorney(s) appearing for the Case

Mark M. Freeman (argued), with whom Rappaport, Freeman & Pinta, Boston, Mass., was on brief, for defendant-appellant.

Martin F. Murphy, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before CAMPBELL, Chief Judge, and COFFIN and BOWNES, Senior Circuit Judge.

COFFIN, Senior Circuit Judge.

Joseph Medeiros, Jr. was indicted for conspiring to commit arson under 18 U.S.C. §§ 371 and 844(i). After discovery, he moved to dismiss the indictment for lack of jurisdiction, arguing that the government could not prove at trial that the object of the arson conspiracy was a building used in or affecting interstate commerce. After reviewing the government's evidentiary proffer, the district court denied the motion. ...

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