09-4116 U.S. v. Mandel

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Murder for Hire
Constitutionality

Purely intrastate use of an automobile is use of a facility of interstate commerce sufficient to support a conviction for using a facility of interstate commerce in furtherance of a murder for hire scheme.

“Our own decision in Richeson, although it resolved a statutory rather than a constitutional argument, supports Mandel’s convictions on Counts 1 and 6, and certainly cases such as Marek and Bishop, which rejected the very constitutional argument that Mandel is making, do so. His conviction cannot be deemed plainly erroneous given the state of the law on this subject. See United States v. Aslan, Nos. 08-1486 et al., 2011 WL 1793759, at *20-*21 (7th Cir. May 12, 2011); United States v. Gibson, 530 F.3d 606, 612 (7th Cir. 2008); United States v. Stott, 245 F.3d 890, 900 (7th Cir. 2001).”

Affirmed.

09-4116 U.S. v. Mandel

Appeal from the United States District Court for the Northern District of Illinois, Hibbler, J., Rovner, J.

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