213661P.pdf   05/10/2023  United States  v.  Emily Hari
   U.S. Court of Appeals Case No:  21-3661
                          and No:  22-1065
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Loken, Author, with Melloy and Kobes, Circuit Judge] 
   Criminal case - Criminal law. 18 U.S.C. Sec. 247(a) is a legitimate 
   exercise of Congress's power to punish offenders, like defendant, who rely 
   on the channels and instrumentalities of commerce in committing crimes, 
   and the district court properly rejected defendant's Commerce Clause 
   challenge to Section 247; defendant's Section 247(a)(2) conviction in 
   Count II of the indictment was a crime of violence under 18 U.S.C. Section 
   924(c)(3), and his conviction in Count 4 of the indictment for carrying or 
   using a destructive device during or in relation to a crime of violence is 
   affirmed; in deciding whether the government violated defendant's Sixth 
   Amendment rights when jail officers seized two pages of notes from 
   defendant's cell during a shake down, defendant failed to show that the 
   government knowingly intruded on the attorney-client privilege, that the 
   government used the information in any way or that he suffered either 
   prejudice or the substantial threat of prejudice.