U.S. v. MARTIN

No. 94-3342.

63 F.3d 1422 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory Lee MARTIN, Sr., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 1995.


Attorney(s) appearing for the Case

Joel Merkel, Asst. U.S. Atty. (argued), Gerard B. Schneller, Criminal Div., Fairview Heights, IL, for U.S.

Edward X. Clinton, Sr. (argued), Chicago, IL, for Gregory Lee Martin, Sr.

Before POSNER, Chief Judge, FLAUM and EASTERBROOK, Circuit Judges.


FLAUM, Circuit Judge.

Defendant Gregory Lee Martin, Sr. was convicted of arson involving a building used in interstate commerce, in violation of 18 U.S.C. § 844(i), and sentenced to fifty years imprisonment. Martin disputes federal jurisdiction over the arson charge, several evidentiary rulings, a jury instruction, and his sentence. We affirm his conviction but vacate his sentence and remand for resentencing.

I.

In the early morning of October...

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