804 F.3d 946
9th Cir.2015Background
- Dennis Mahon was convicted under 18 U.S.C. §§ 844(i) and (n) for detonating a pipe bomb sent to the City of Scottsdale Office of Diversity and Dialogue; the blast injured three people and damaged property.
- The Diversity Office, housed in the city Human Resources building, organized and promoted cultural events, partnered with businesses and national organizations, contracted paid out-of-state speakers, and solicited vendor fees.
- Investigators linked Mahon to the bombing through undercover investigation evidence and an earlier racist voicemail he left for the office.
- After a multi-week trial Mahon was convicted (including conspiracy under § 844(n)) and sentenced to 40 years imprisonment.
- Mahon appealed, arguing insufficient interstate-commerce nexus for § 844(i) and raising facial and as-applied Commerce Clause challenges to the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Diversity Office satisfied § 844(i)’s interstate-commerce requirement | The Diversity Office was a municipal government entity performing traditional local functions and therefore lacked the requisite active nexus to interstate commerce | The Diversity Office actively engaged in commerce-affecting activity by soliciting out-of-state speakers, partnering with national orgs, promoting events that attracted tourists, and taking vendor fees | The office had a sufficient nexus: its events, sponsorships, out-of-state speakers, vendor fees, and promotion affected interstate commerce; convictions affirmed |
| Whether § 844(i) is facially unconstitutional under Lopez/Morrison | The statute is overbroad and exceeds Congress’s Commerce Clause power | § 844(i) contains a jurisdictional element requiring the property be used in or affect interstate commerce, unlike Lopez/Morrison statutes | Facial challenge rejected; § 844(i) upheld because it contains an interstate-commerce nexus requirement |
| Whether § 844(i) is unconstitutional as applied to these facts | Even if facially valid, applying § 844(i) to a municipal Diversity Office impermissibly intrudes on state police power | The Diversity Office’s demonstrated commercial activities bring it within § 844(i)’s jurisdictional reach | As-applied challenge rejected; local nature of the office does not preclude federal jurisdiction when active nexus exists |
| Whether the Jones/Lamont precedents bar federal jurisdiction over this municipal office | Jones and Lamont exclude purely private homes and churches with only passive interstate connections | Those cases allow buildings with active commercial or commerce-affecting functions to fall within § 844(i); Diversity Office performed such functions | Jones and Lamont do not bar application here; unlike passive links in those cases, this office engaged in active commerce-affecting conduct |
Key Cases Cited
- Jones v. United States, 529 U.S. 848 (2000) (two-step test: building function then effect on interstate commerce; passive links insufficient)
- United States v. Lamont, 330 F.3d 1249 (9th Cir. 2003) (church with only passive interstate connections not covered by § 844(i))
- United States v. Garcia, 768 F.3d 822 (9th Cir. 2014) (standard for reviewing interstate-commerce element and rejection of similar challenges to § 844(i))
- United States v. Renteria, 557 F.3d 1003 (9th Cir. 2009) (place of worship activities can support § 844(i) when they include commercial uses)
- United States v. Lopez, 514 U.S. 549 (1995) (invalidated statute lacking interstate nexus)
- United States v. Morrison, 529 U.S. 598 (2000) (same principle; statute invalid where no jurisdictional commerce element)
- Russell v. United States, 471 U.S. 858 (1985) (some buildings—e.g., rental properties—are inherently commercial for § 844(i))
- Camps Newfound/Owatonna, Inc. v. Town of Harrison, Me., 520 U.S. 564 (1997) (nonprofit or municipal status does not preclude engaging in interstate commerce)