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Seventh Circuit Court Upholds Enhancement for Use of Fire
SEVENTH CIRCUIT COURT UPHOLDS ENHANCEMENT FOR USE OF FIRE
In U.S. v. Colvin, No. 00-3400 (Jan. 17, 2002), the defendant was convicted of three fire-related felonies and carrying a firearm. He challenged his convictions arising out of a cross burning incident on double jeopardy grounds. He claimed the additional time awarded for his use of fire was not proper disagreeing with 18 U.S.C. sec. 844(h)(i). That section allows a ten year enhancement not to run concurrently for using a fire to commit a felony.
The Court of Appeals upheld the enhancement noting the dangerousness of fire when used to commit a felony was evidenced in part by the fact gasoline was used. That is subject to federal regulation to reduce the hazard to persons and property arising from its misuse. See 18 U.S.C. sec. 842-843.
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