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U.S. v. MONROE

No. 98-10707.

178 F.3d 304 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. William Lee MONROE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 8, 1999.

Attorney(s) appearing for the Case

Joe C. Lockhart, Dallas, TX, Terri Moore, Fort Worth, TX, for Plaintiff-Appellee.

Peter Michael Fleury, Fort Worth, TX, for Defendant-Appellant.

Before JONES, DUHÉ and BARKSDALE, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 8, 1999.

DUHÉ, Circuit Judge:

A jury convicted William Monroe under 18 U.S.C. § 844(i) for maliciously damaging by means of fire or an explosive a building used in interstate commerce. Monroe appeals, contending: (1) malice requires an intent to start the fire; (2) insufficient evidence of malice; (3) improper jury instructions; (4) the unconstitutionality of § 844(i) as applied to him; (4) reversible...

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