United States v. Scharber, No. 14-2007 (8th Cir. 2014)
Annotate this CaseIn 2011 a series of suspicious fires in Babbitt, Minnesota and the Superior National Forest were started with complex combustible flares or with simple pocket lighters. An investigation eventually identified Scharber, the Chief of the Babbitt Volunteer Fire Department (BVFD). When a resort owner, having seen Scharber trespassing on his property, found a gasoline tank, he notified law enforcement. In an interview, Scharber admitted setting nine fires on federal and state forest land, and an attempted arson at the resort. He later entered a plea of guilty to one count of setting federal forest land afire, 18 U.S.C. 1855 and one count of maliciously attempting to commit arson of a building affecting interstate and foreign commerce, 18 U.S.C. 844(i), acknowledging a "mandatory minimum term of imprisonment of five years." During sentencing Scharber unsuccessfully claimed that he was not subject to the five year mandatory minimum under section 844(i) because the government had failed to prove that he had acted with malice in attempting to commit arson at the resort. The Eighth Circuit affirmed, noting that Scharber admitted that he maliciously attempted to commit arson at the resort.
Court Description: Criminal case - Sentencing. Defendant's guilty plea and the record in the case established that he violated 18 U.S.C. Sec. 844(1) by maliciously attempting to commit arson at the Birch Lake Resort, and the district court did not err in determining he was subject to the statute's five year mandatory minimum sentence; the district court's determinations did not violate Alleyne; the court lacked authority to sentence defendant below the mandatory minimum.
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