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US v. Aljabari, 09-3605

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By FindLaw Staff on November 17, 2010 1:36 PM

Arson conviction affirmed

US v. Aljabari, 09-3605, concerned a challenge to the district court's conviction of a defendant for arson and conspiracy to commit arson, for hiring two friends and burning down a tobacco shop that competed with his father's business.


In affirming, the court held that an affidavit contained sufficient information to show a fair probability that evidence would be found in defendant's apartment and the affidavit provided ample reason to believe that defendant had participated in the arson.  The court also held that the district court did not clearly err in finding that the loading dock was also being used as part of defendant's apartment and that the warrant authorized the search of that area.  Further, the government introduced enough evidence to allow a jury to conclude reasonably that the tobacco shop was used in activity affecting interstate commerce.  And lastly, the district court gave a sufficient explanation for its reasonable sentence.

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