Firebombed synagogue containing preschool and gift shop was building used in interstate commerce

COMMERCE CLAUSE/SENTENCING United States v. Gillespie, No. 05-6292, ___ F.3d ___ (10th Cir. Jun. 30, 2006)(W.D. Oklahoma). Appeal of convictions and sentence for using destructive device during violent crime in violation of 18 U.S.C. § 924(c)(1)(A); maliciously damaging building used in interstate commerce or used in any activity affecting interstate commerce by means of explosive in violation of 18 U.S.C. § 844(i); and possessing unregistered destructive device in violation of 26 U.S.C. § 5861(d). HELD: (1) Not all buildings, and not all churches, come within ambit of 18 U.S.C. § 844(i), which prohibits maliciously damaging buildings used in interstate commerce. Nonetheless, evidence at trial showing that Jewish synagogue firebombed by defendant contained preschool and gift shop was sufficient to establish synagogue as building used in or affecting interstate commerce within meaning of 18 U.S.C. § 844(i). (2) Defendant’s thirty-nine year sentence for throwing Molotov cocktail at synagogue in violation of 18 U.S.C. § 844(i) was reasonable and not so grossly disproportionate to offense as to constitute cruel and unusual punishment in violation of Eighth Amendment even though damage to synagogue building was minor and there were no injuries. Read the opinion here.