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U.S. v. CORONA

No. 96-30238.

108 F.3d 565 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph CORONA, III; Lindsey McDonald, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing April 7, 1997.

Attorney(s) appearing for the Case

Michele Annette Horn, Stephen A. Higginson, Assistant U.S. Attorney, New Orleans, LA, for Plaintiff-Appellee.

Veronica A. Collins, Federal Public Defender's Office, New Orleans, LA, for Defendant-Appellant.

Lindsey McDonald, Fort Worth, TX, pro se.

Before HIGGINBOTHAM, DAVIS and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

These federal arson convictions raise primarily Commerce Clause and double jeopardy concerns. We conclude that the convictions are within Congress's commerce power. But we find that imposing separate sentences for arson, conspiracy to commit arson, and "using fire to commit conspiracy to commit arson" violated the Double Jeopardy Clause. We vacate the sentences and remand for resentencing.

I.

In February of...

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