Court of Appeals for the Eighth Circuit May 6, 2004, 03-2855SD (United States v. R.J. S., Jr.)

RICHARD S. ARNOLD, Circuit Judge.

R.J. S., Jr., a juvenile, was convicted of violating 18 U.S.C. § 844(e) for his use of a telephone to communicate a false threatening message. He was sentenced to two years’ probation. On appeal, defendant argues that the telephone call was a wholly intrastate activity and, therefore, that Congress had no power to regulate it under the Commerce Clause.