UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
RAYMOND JOSEPH DENALLI, DEFENDANT-APPELLANT

11th Cir. | 1996-08-01
No. 94-3067
Before HATCHETT and BIRCH, Circuit Judges, and GODBOLD, Senior Circuit Judge.
90 F.3d 444 Court of Appeals for the Eleventh Circuit (1996) Caution
Cited by 20 cases
Opinion of the Court
PER CURIAM:

PER CURIAM: The petition for rehearing filed by the United States is GRANTED to the following extent: The first full paragraph in the right hand column of 73 F. 3d 328 is deleted and replaced by the following: We easily conclude that the Federles’ private residence was not used in interstate or foreign commerce; therefore, this court must determine only if the residence was used in any activity affecting interstate or foreign commerce. The first sentence of the paragraph on 73 F. 3d at 330 labeled as is deleted and replaced by the following: Lopez required the government to prove that Federles’ private residence was used in an activity that had a substantial effect on interstate commerce. In all other respects the petition for rehearing is DENIED.

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  • Mintz v. Mintz, 704 So. 2d 1077 (Fla. 3d DCA 1997)
    …PER CURIAM. Affirmed. Strickland v. Shannon, 90 F. 3d 444 (11th Cir.1996).…
  • Jones v. United States, 529 U.S. 848 (U.S. 2000)
    …ctions. Compare United States v. Gaydos, 108 F. 3d 505 (CA3 1997) (vacant, uninhabitable house formerly rented not covered by statute), United States v. Denalli, 73 F. 3d 328 (CA11) (owner-occupied residence not covered), modified on other grounds, 90 F. 3d 444 (1996) (per curiam), United States v. Mennuti, 639 F. 2d 107 (CA2 1981) (same), with United States v. Ryan, 41 F. 3d 361 (CA8 1994) (en banc) (vacant former commercial property covered), cert. denied, 514 U. S. 1082 (1995), United States v. Ramey, 2…
  • United States v. Kaplan, 171 F.3d 1351 (11th Cir. 1999)
    …142 F. 3d 1342 (11th Cir.1998), cert. denied, — U.S. -, 119 S.Ct. 840, 142 L.Ed.2d 695 (1999) (finding jurisdiction over arson involving commercial rental properties) with United States v. Denalli, 73 F. 3d 328 (11th Cir.) (per curiam), modified by 90 F. 3d 444 (11th Cir.1996) (per curiam) (no jurisdiction under section 844(i) for arson involving a private residence). Since we have taken the required connection to commerce seriously in the section 844(i) context, it is inconsistent for us to further dilu…

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