Thus, criminalization and punishment of the arson of such property is within Congress's authority under the Commerce Clause. And, because sufficient evidence shows that the home damaged by Defendant was rental property, Defendant's argument based on Lopez is rejected. The Constitution was satisfied. The criminal law was satisfied. Again, other circuits have reached the same result.
Defendant raises several issues on appeal.
All lack merit, but most are not discussed in this opinion. Defendant also claims that the government failed to establish that the pertinent home was rental property. But the government introduced testimony from the owner of the home that he rented the house to others. The government also presented the testimony of the person renting the house at the time of the criminal act. Defendant presented no contrary evidence.