United States v. Mahon

Amici Curiae Brief of the National Association of Criminal Defense Lawyers and the Ninth Circuit Federal Public and Community Defenders in Support of Appellant's Petition for Rehearing En Banc.

Brief filed: 09/28/2015


United States v. Mahon

9th Circuit Court of Appeals; Case No. 12-10273

Prior Decision

Decision below (panel decision) 793 F. 3d 1115 (9th Cir. 2015).


Congress lacks the power to prohibit crime against a building because its occupants engage in activities that affect interstate commerce. The Jones Court deliberately construed § 844(i) to avoid the pitfall identified by Morrison and Lopez. The panel erred by asking the question eschewed by Jones, thereby extending § 844(i) ‘s reach unconstitutionally.

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Shana-Tara O'Toole, NACDL, Washington, DC; David M. Porter, Sacramento, CA; Michael C. Holley, Nashville, TN.