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U.S. v. JOHNSON

No. 98-50396.

194 F.3d 657 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Earl JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 1, 1999.

Attorney(s) appearing for the Case

Linda Frances Thome (argued), Jessica Dunsay Silver, U.S. Dept. of Justice, App. Section, Civil Rights Div., Washington, DC, for Plaintiff-Appellee.

William Jack Browning (argued), Austin, TX, for Defendant-Appellant.

Before GARWOOD, BARKSDALE and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Robert Earl Johnson ("Johnson") appeals from his criminal conviction for arson, raising an as-applied constitutional challenge to 18 U.S.C. § 844(i). Relying on United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), he argues that his burning of a Methodist church did not substantially affect interstate commerce and that, as a consequence, there was an insufficient jurisdictional...

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