Russell v. United States (471 U.S. 858)
U.S. Supreme Court · decided June 3, 1985 · Supreme Court Database (Spaeth)
- Citation
- 471 U.S. 858 · 105 S. Ct. 2455
- Decided
- June 3, 1985
- Term
- October Term 1984
- Vote
- 9–0
- Majority author
- Justice Stevens
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice Stevens delivered the opinion of the Court. The question presented is whether 18 U. S. C. § 844(i) applies to a two-unit apartment building that is used as rental property. Petitioner owns an apartment building located at 4530 South Union, Chicago, Illinois. He earned rental income from it and treated it as business property for tax purposes. In early 1983, he made an unsuccessful attempt to set fire to the building and was consequently indicted for violating §844(i). Following a bench trial, petitioner was convicted and sentenced to 10 years’ imprisonment. The District Court and the Court of Appeals both rejected his contention that the building was not commercial or business property, and therefore was not capable of being the subject of an offense under § 844(i). Section 844(i) uses broad language to define the offense. It provides: “Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce shall be imprisoned for not more than ten years or fined not more than $10,000, or both. . . .” The reference to “any building . . . used ... in any activity affecting interstate or foreign commerce” expresses an intent by Congress to exercise its full power under the…
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