No. 10-1555.

657 F.3d 77 (2011)

UNITED STATES of America, Appellee, v. Douglas HERSOM, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 22, 2011.

Attorney(s) appearing for the Case

Stuart W. Tisdale, Jr. , with whom Tisdale & Davis, PA was on brief, for appellant.

Margaret D. McGaughey , Appellate Chief, with whom Richard Murphy , United States Attorney, was on brief, for appellee.

Before TORRUELLA, Circuit Judge, SOUTER, Associate Justice, and BOUDIN, Circuit Judge.

SOUTER, Associate Justice.

In this, his second appeal, see United States v. Hersom, 588 F.3d 60 (1st Cir. 2009), Douglas Hersom assigns error to the district court's denial of his motion to withdraw his guilty plea to arson of a building owned by an organization receiving federal financial assistance, see 18 U.S.C. § 844(f). After the prior appeal led to remand for resentencing, Hersom claimed that the statute was...


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