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U.S. v. R.J.S., JR.

No. 03-2855SD.

366 F.3d 960 (2004)

UNITED STATES of America, Appellee, v. R.J. S., JR., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 6, 2004.

Attorney(s) appearing for the Case

Monica D. Thomas, argued, Rapid City, SD (Jeffrey L. Viken, Rapid City, on the brief), for appellant.

John E. Haak, AUSA, argued, Rapid City, SD (Jonathan A. Kobes, AUSA, Rapid City, on the brief), for appellee.

Before RILEY and RICHARD S. ARNOLD, Circuit Judges, and HOVLAND, Chief District Judge.

RICHARD S. ARNOLD, Circuit Judge.

R.J. S., Jr., a juvenile, was convicted of violating 18 U.S.C. § 844(e) for his use of a telephone to communicate a false threatening message. He was sentenced to two years' probation. On appeal, defendant argues that the telephone call was a wholly intrastate activity and, therefore, that Congress had no power to regulate it under the Commerce Clause. We reject this argument and affirm the judgment of the District Court.

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