39-Year Sentence Affirmed For Defendant Who Threw Molotov Cocktail at Synagogue; Temple's Daycare Center and Gift Shop Met Interstate Commerce Req't

U.S. v. Gillespie, 2006 WL 1793282 (6/30/06) - The conviction for malicious damaging of a building by use of an explosive in violation of 18 U.S.C. § 844(i) was consistent with the Commerce Clause where the defendant threw a Molotov cocktail at an outside door alcove at a Jewish synagogue. The fact that the synagogue, in addition to its religious purposes, was used as a fee-for-service day-care and contained a gift shop saved the conviction from reversal under Jones v. U.S., 529 U.S. 848 (2000)(where house arson conviction was reversed for lack of interstate commerce connection). The d.ct. did not clearly err when it found the defendant had obstructed justice when, after his trial, he wrote to the temple: "you will pay for every fallen comrade, Aryan women and child you have harmed" and "you will be shown justice" during an impending holy war [sounds like a fun client, eh?]. The 10th saw this as an attempt to intimidate witnesses at a sentencing hearing. The 39-year sentence did not violate the Cruel and Unusual Punishment Clause, given the 30-year mandatory minimum under § 924(c)(1)(B)(ii), the defendant's history of violence, Nazi paraphernalia at home and his regret that he did not do more damage. The sentence was also not unreasonable and the judge adequately explained the reasons for the sentence.