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Breaking Legal Developments

01-28-2002

Published by:
Peter A. Lynch, Esq.
of Cozen O'Connor
palynch@cozen.com
http://www.cozen.com

 

EXECUTIVE SUMMARY:      This weekly newsletter covers:

  1. Seventh Circuit Court Upholds Enhancement for Use of Fire


(1) 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.

Mr. Lynch can be reached at Cozen and O'Connor, 501 West Broadway, Suite 1610, San Diego, California 92101, 800-782-3366 (voice), 619-234-7831 (fax), palynch@cozen.com (e-mail), http://www.cozen.com. Follow us on Twitter at @firesandrain.

Please direct comments, suggestions, stories, and other items to the author by e-mail at palynch@cozen.com

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