United States v. Odom, 252 F.3d 1289 (11th Cir. 2001). · Go Syfert
United States v. Odom, 252 F.3d 1289 (11th Cir. 2001). Cases Citing This Book View Copy Cite
147 citation events (147 in the last 25 years) across 18 distinct courts.
Strongest positive: United States v. Willie Johnson (ca7, 2022-08-02)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Willie Johnson (2×) also: Cited as authority (rule)
7th Cir. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
section 844(i) regulates non-economic activity, arson. the government, therefore, must show that this arson affects in- terstate commerce by showing how the function of this par- ticular building was used in or affected interstate com- merce.
examined Cited as authority (verbatim quote) United States v. Robin G. Lamont (3×) also: Cited as authority (rule), Cited "see, e.g."
9th Cir. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
the purchase and receipt of goods or services necessary for or common to the maintenance of any building, such as gas, electricity, insurance, or mortgage loans, do not prove that the function of the building is to engage in commerce.
examined Cited as authority (verbatim quote) United States v. Gerald Rayborn (10×) also: Cited as authority (rule), Cited "see"
6th Cir. · 2002 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
these connections to interstate commerce are too passive, too minimal and too indirect to substantially affect interstate commerce
discussed Cited as authority (quoted) United States v. Frazier Todd, Jr.
11th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence low
if a defendant fails to challenge a restitution order at sentencing, she waives that objection . . . in such a case, this court reviews for plain error.
discussed Cited as authority (rule) United States v. Pedro Sanchez
11th Cir. · 2020 · confidence medium
“This determination involves a three-part inquiry: (1) What is the function of the building? (2) Is the function of the building involved in commerce? (3) Does the commerce in which the building is involved sufficiently affect interstate commerce?” United States v. Odom, 252 F.3d 1289, 1294 (11th Cir. 2001).
discussed Cited as authority (rule) United States v. Kenneth Karow
11th Cir. · 2018 · confidence medium
A restitution order can hold a defendant responsible for the 30 Case: 14-14689 Date Filed: 01/31/2018 Page: 31 of 31 losses caused by the “reasonably foreseeable acts of others committed in furtherance of the conspiracy.” United States v. Odom, 252 F.3d 1289, 1299 (11th Cir. 2001).
discussed Cited as authority (rule) United States v. Kenneth Karow
11th Cir. · 2018 · confidence medium
A restitution order can hold a defendant responsible for the losses caused by the “reasonably foreseeable acts of others committed in furtherance of the conspiracy.” United States v. Odom, 252 F.3d 1289, 1299 (11th Cir. 2001).
discussed Cited as authority (rule) United States v. Calvin Shelton
5th Cir. · 2017 · confidence medium
See United States v. Newell, 658 F.3d 1, 32 (1st Cir. 2011) (“[I]t is well established that defendants can be required to pay restitution for the reasonably foreseeable offenses of their co-conspirators.”); United States v. Boyd, 222 F.3d 47, 50-51 (2d Cir. 2000) (per curiam) (restitution to victims named in counts as to which defendant was acquitted was valid because defendant could have foreseen co-conspirator would commit those offenses); United States v. Newsome, 322 F.3d 328, 337-38 (4th Cir. 2003) (ordering restitution for entire amount of loss caused by conspiracy, even though amoun…
discussed Cited as authority (rule) United States v. Gadsden (2×) also: Cited "see"
11th Cir. · 2016 · confidence medium
“A conspirator’s participation in a conspiracy is presumed to continue until all activity related to the conspiracy ceases.” United States v. Odom, 252 F.3d 1289, 1299 (11th Cir.2001).
cited Cited as authority (rule) United States v. Lance Brown
11th Cir. · 2013 · confidence medium
But when, as here, a defendant fails to object to the restitution order at sentencing, we review only for plain error. 4 United States v. Odom, 252 F.3d 1289, 1299 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Kowallek
11th Cir. · 2011 · confidence medium
In reviewing the sufficiency of an indictment, we have said “even an inadequate indictment satisfies due process if the defendant has actual notice [of the charges against him], such that [he] suffers no prejudice.” United States v. Odom, 252 F.3d 1289, 1298 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Keith Laron Brooks
11th Cir. · 2011 · confidence medium
It is well settled that juries are entitled to reach compromises and that “consistency in the verdict is not necessary.” United States v. Odom, 252 F.3d 1289, 1298 (11th Cir.2001) (quotation omitted).
cited Cited as authority (rule) United States v. Aman
E.D. Va. · 2010 · confidence medium
See United States v. Lamont, 330 F.3d 1249, 1251-57 (9th Cir.2003) (church); United States v. Odom, 252 F.3d 1289, 1293-97 (11th Cir.2001) (church). 6 .
discussed Cited as authority (rule) United States v. Alexis Carrazana (2×)
11th Cir. · 2010 · confidence medium
We have held that a defendant did not take affirmative acts inconsistent with a conspiracy to burn a church where she “did not put the original fire out; she did not convince the [other coconspirators] to leave [the church]; and she did not announce to the others that she had changed her mind about the original plan.” United States v. Odom, 252 F.3d 1289, 1299 (11th Cir.2001); see also Dabbs, 134 F.3d at 1083 (holding that a defendant’s mere “physical distance from, rather than his repudiation of, the action of his co-conspirators” did not constitute withdrawal).
discussed Cited as authority (rule) State v. Freeney
Ariz. · 2009 · signal: cf. · confidence medium
See, e.g., Stephens, 59 F.3d at 934-36 (failure of indictment to charge felony murder did not violate Sixth Amendment notice requirement when defendant “had five days of actual notice [before closing arguments] of the prosecution’s intention to rely on a felony-murder theory”); see also Sheppard, 909 F.2d at 1237 ; cf. United States v. Odom, 252 F.3d 1289, 1298 (11th Cir.2001) (“Even an inadequate indictment satisfies due process if the defendant has actual notice, so that she suffers no prejudice.”). ¶ 30 The same factors that led us to find the Rule 13.5(b) violation harmless supp…
cited Cited as authority (rule) United States v. Russell G. MacArthur, Jr.
11th Cir. · 2009 · confidence medium
United States v. Odom, 252 F.3d 1289, 1299 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Dean
M.D. Ala. · 2009 · confidence medium
The Indictment informs Mr. Dean of the criminal acts he allegedly committed. 3 Additionally, “[predicate felonies do not need to be listed in the indictment so long as the defendant has actual notice of the charge.” United States v. Odom, 252 F.3d 1289, 1298 (11th Cir.2001).
discussed Cited as authority (rule) Florida State Conference of the National Ass'n for the Advancement of Colored People v. Browning (2×)
11th Cir. · 2008 · confidence medium
United States v. Odom, 252 F.3d 1289, 1293 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Phillip Curtis Grace
11th Cir. · 2008 · confidence medium
In addition, with regard to Grace’s argument that the indictment did not indicate the specific offense to which the underlying criminal investigation related, “[predicate felonies do not need to be listed in the indictment so long as the defendant has actual notice of the charge.” United States v. Odom, 252 F.3d 1289, 1298 (11th Cir.2001).
discussed Cited as authority (rule) United States v. Alberto Loya
11th Cir. · 2007 · confidence medium
Because “each count in an indictment is regarded as a separate indictment, merely the jury’s choice to acquit on one charge does not have a res judicata effect on any other separate count.” United States v. Odom, 252 F.3d 1289, 1298 (11th Cir.2001) (affirming defendants’ convictions for conspiracy to commit arson where defendants had been acquitted of the substantive offense of arson).
cited Cited as authority (rule) United States v. Mellissa Thomas
11th Cir. · 2007 · confidence medium
United States v. Odom, 252 F.3d 1289, 1299 (11th Cir.2001).
examined Cited as authority (rule) United States v. Richard Morrison (4×) also: Cited "see"
11th Cir. · 2007 · confidence medium
In United States v. Odom, 252 F.3d 1289, 1297 (11th Cir. 2001) (citation omitted), we noted that the Morrison opinion called into doubt our suggestion in Dascenzo that “only a ‘minimal effect on interstate commerce’ was required under § 844 so long as the effect of arson on the particular type of property had an aggregate effect on interstate commerce.” See also United States v. Tush, 151 F.Supp.2d 1246, 1248-49 (D.Kan.2001) (concluding that the Utter decision was abrogated by Jones, since it relied on a passive connection, rather than an active connection, to interstate commerce).
discussed Cited as authority (rule) Alston v. Donnelly
W.D.N.Y. · 2006 · confidence medium
E.g., United States v. Walsh, 194 F.3d 37, 45 (2d Cir.1999) ("While a bill of particulars or discovery cannot save a 'defective indictment,' [United States v.] Panzavecc-hia, 421 F.2d [440,] 442 [(5th Cir.1970)], where the indictment has been found even minimally sufficient, a court may look to the record as a whole in determining whether the defendant is protected from double jeopardy in a subsequent prosecution and whether the defendant has had an adequate opportunity to prepare his defense.'') (citing United States v. Stavroulakis, 952 F.2d 686, 693 (2d Cir.1992); United States v. Sperling,…
discussed Cited as authority (rule) United States v. Gillespie
10th Cir. · 2006 · confidence medium
Accordingly, the circuits have held that “a passive, past, or passing connection to interstate commerce,” United States v. Odom, 252 F.3d 1289, 1296 (11th Cir.2001), such as receiving donations from out-of-state donors, using Bibles purchased from an out-of state source, and indirectly contributing to an out-of-state organization, see id. at 1296-97 ; collecting money from members to purchase church supplies from out-of-state vendors and to fund out-of-state missions, see Davies, 394 F.3d at 186 ; and receiving gas from out-of-state pipelines, obtaining insurance from an out-of-state compa…
cited Cited as authority (rule) United States v. Elroy Antonio Phillips
11th Cir. · 2006 · confidence medium
United States v. Odom, 252 F.3d 1289, 1298 (11th Cir.2001) (citing Dunn v. United States, 284 U.S. 390, 393 , 52 S.Ct. 189 , 76 L.Ed. 356 (1932)).
discussed Cited as authority (rule) United States v. Craig Narram Williams, Jr.
11th Cir. · 2006 · confidence medium
At any rate, it is well settled that juries are entitled to reach compromises and that “[c]onsistency in the verdict is not necessary.” United States v. Odom, 252 F.3d 1289, 1298 (11th Cir.2001) (quoting Dunn v. United States, 284 U.S. 390, 393 , 52 S.Ct. 189 , 76 L.Ed. 356 (1932) (Holmes, J.)).
discussed Cited as authority (rule) United States v. Todd R. Davies
3rd Cir. · 2005 · confidence medium
See, e.g., Lamont, 330 F.3d at 1256 -57 (§ 844(i) did not apply where church purchased gas, insurance, and supplies from out of state, and several churchgoers resided out of state); Rea, 300 F.3d at 962 (purchase of supplies for church annex, along with after-school tutoring program and Sunday school having been conducted in the annex, were insufficient to bring church annex within scope of § 844(i)); Odom, 252 F.3d 1289 at 1296-97 (receiving donations from two out-of-state donors, utilizing books purchased from out of state, and indirectly contributing to an out-of-state church organization…
discussed Cited as authority (rule) United States v. Davies
3rd Cir. · 2005 · confidence medium
See, e.g., Lamont, 330 F.3d at 1256 -57 (§ 844(i) did not apply where church purchased gas, insurance, and supplies from out of state, and several churchgoers resided out of state); Rea, 300 F.3d at 962 (purchase of supplies for church annex, along with after-school tutoring program and Sunday school having been conducted in the annex, were insufficient to bring church annex within scope of § 844(i)); Odom, 252 F.3d 1289 at 1296-97 (receiving 28 V.
discussed Cited as authority (rule) United States v. Jay Scott Ballinger
11th Cir. · 2005 · confidence medium
The "affecting commerce" language invokes the third Lopez category — regulation of intrastate activities that substantially affect commerce. 37 The words "affecting commerce," as the Supreme Court has repeatedly explained, are "words of art that ordinarily signal the broadest permissible exercise of Congress' Commerce Clause power." Citizens Bank v. Alafabco, Inc., 539 U.S. 52, 56 , 123 S.Ct. 2037 , 156 L.Ed.2d 46 (2003); see also Circuit City Stores, 532 U.S. at 115 , 121 S.Ct. 1302 ("The phrase `affecting commerce' indicates Congress' intent to regulate to the outer limits of its authority…
discussed Cited as authority (rule) Robert Allen Waucaush v. United States (2×)
6th Cir. · 2004 · confidence medium
"Allowing the government to meet the interstate commerce requirement [in a federal criminal prosecution] through only a nominal showing of a connection to interstate commerce would do as much to `completely obliterate' the distinction between national and local authority as if no jurisdictional requirement existed at all." United States v. Odom, 252 F.3d 1289, 1296 (11th Cir.2001). 18 At the end of the day, we are left with an enterprise whose activity was intrastate, noneconomic, and without substantial effects on interstate commerce.
discussed Cited as authority (rule) United States v. Keith Bernard Crenshaw, United States of America v. Kamil Hakeem Johnson, United States of America v. Timothy Kevin McGruder
8th Cir. · 2004 · signal: cf. · confidence medium
Cf United States v. Odom, 252 F.3d 1289, 1296 (11th Cir.2001) (“Allowing the government to meet the interstate commerce requirement [in a prosecution under federal arson statute] through only a nominal showing of a connection to interstate commerce would do as much to ‘completely obliterate’ the distinction between national and local authority as if no jurisdictional requirement existed at all.”) cert. denied, 535 U.S. 1058 , 122 S.Ct. 1920 (2002). 3 *986 The fact that § 1959 sometimes may be applied to enterprises “engaged in” interstate commerce also does not make the substantia…
discussed Cited as authority (rule) United States v. Keith Crenshaw
8th Cir. · 2004 · signal: cf. · confidence medium
Cf. United States v. Odom, 252 F.3d 1289, 1296 (11th Cir. 2001) ("Allowing the government to meet the interstate commerce requirement [in a prosecution under federal arson statute] through only a nominal showing of a connection to interstate commerce would do as much to -9- 'completely obliterate' the distinction between national and local authority as if no jurisdictional requirement existed at all.") cert denied, 535 U.S. 1058 (2002).3 The fact that § 1959 sometimes may be applied to enterprises "engaged in" interstate commerce also does not make the substantial effects test inapplicable.
discussed Cited as authority (rule) United States v. Laton (2×)
6th Cir. · 2003 · confidence medium
Churches, for would fall outside the federal statute’s domain” because example, primarily serve a religious function, but churches “[p]ractically every building . . . is constructed with supplies can also have secondary and important economic purposes. that have moved in interstate commerce, served by utilities Terry, 257 F.3d at 369 (holding that a church “can have both that have an interstate connection, financed or insured by a religious aspect and an economic one” when the church enterprises that do business across state lines, or bears some operated a daycare center); United Sta…
examined Cited as authority (rule) United States v. John Laton (4×)
6th Cir. · 2003 · confidence medium
Terry, 257 F.3d at 369 (holding that a church "can have both a religious aspect and an economic one" when the church operated a daycare center); United States v. Grassie, 237 F.3d 1199, 1209-10 (10th Cir.2001) (acknowledging that a church's activities can be both religious and commercial); United States v. Odom, 252 F.3d 1289, 1294 (11th Cir.2001) ("Churches are not commonly considered a business enterprise; nonetheless, churches can and do engage in commerce."). 25 Similarly, the HFS performed one ancillary function and one main function.
discussed Cited as authority (rule) United States v. Drury
11th Cir. · 2003 · confidence medium
In contrast, "[a]llowing the government to meet the interstate commerce requirement through only a nominal showing of a connection to interstate commerce would do as much to ‘completely obliterate’ the distinction between national and local authority as if no jurisdictional requirement existed at all.” United States v. Odom, 252 F.3d 1289, 1296 (11th Cir.2001), cert. denied, 535 U.S. 1058 , 122 S.Ct. 1920 , 152 L.Ed.2d 828 (2002). .
discussed Cited as authority (rule) United States v. Drury
11th Cir. · 2003 · confidence medium
As discussed infra Part II(A)(5), the drafters of the Travel Act were acutely sensitive to this possibility and intended to guard against it. 12 In contrast, "[a]llowing the government to meet the interstate commerce requirement through only a nominal showing of a connection to interstate commerce would do as much to `completely obliterate' the distinction between national and local authority as if no jurisdictional requirement existed at all." United States v. Odom, 252 F.3d 1289, 1296 (11th Cir.2001), cert. denied, 535 U.S. 1058 , 122 S.Ct. 1920 , 152 L.Ed.2d 828 (2002). 13 As noted in Part …
cited Cited as authority (rule) Kyocera Corp. v. Prudential-Bache Trade Services, Inc.
9th Cir. · 2003 · confidence medium
This principle means that "a decision on a constitutional question is appropriate only after addressing the statutory questions.” United States v. Odom, 252 F.3d 1289, 1293 (11th Cir.2001).
examined Cited as authority (rule) United States v. Jay Scott Ballinger (8×) also: Cited "see", Cited "see, e.g."
11th Cir. · 2002 · confidence medium
United States v. Odom, 252 F.3d 1289, 1293 (11th Cir.2001) ("A fundamental and longstanding principle of judicial restraint requires that a court avoid reaching constitutional questions in advance of the necessity of deciding them") (citing Lyng v. Northwest Indian Cemetery Protective Ass'n, 485 U.S. 439, 445 , 108 S.Ct. 1319 , 99 L.Ed.2d 534 (1988)).
examined Cited as authority (rule) United States v. Ballinger (7×) also: Cited "see", Cited "see, e.g."
11th Cir. · 2002 · confidence medium
United States v. Odom, 252 F.3d 1289, 1293 (11th Cir.2001) (“A fundamental and longstanding principle of judicial restraint requires that a court avoid reaching constitutional questions in advance of the necessity of deciding them”) (citing Lyng v. Northwest Indian Cemetery Protective Ass’n, 485 U.S. 439, 445 , 108 S.Ct. 1319 , 99 L.Ed.2d 534 (1988)).
examined Cited as authority (rule) United States v. Ballinger (4×) also: Cited "see", Cited "see, e.g."
N.D. Ga. · 2001 · confidence medium
The ‘business’ or ‘commerce’ of a church involves the solicitation and receipt of donations, and the provision of spiritual, social, community, educational (religious or non-religious) and other charitable services.” United States v. Odom, 252 F.3d 1289, 1291 (11th Cir.2001); see also Grassie, 237 F.3d at 1204 (“there was from these church buildings a constant flow of information, money, travel, and purchase and delivery of goods back and forth across state lines.”).
cited Cited "see" United States v. Geno Rolle
11th Cir. · 2011 · signal: see · confidence high
See United States v. Odom, 252 F.3d 1289, 1298 (11th Cir.2001) (stating inconsistencies in a jury’s verdict do not open a defendant’s convictions to attack).
cited Cited "see" United States v. Svete
11th Cir. · 2008 · signal: see · confidence high
See United States v. Odom, 252 F.3d 1289, 1299 (11th Cir.2001) (holding that if a defendant fails to challenge a restitution order at sentencing, review is for plain error only).
cited Cited "see" United States v. Svete
11th Cir. · 2008 · signal: see · confidence high
See United States v. Odom, 252 F.3d 1289, 1299 (11th Cir.2001) (holding that if a defendant fails to challenge a restitution order at sentencing, review is for plain error only).
discussed Cited "see" United States v. Gene A. Tyrrell
11th Cir. · 2008 · signal: see · confidence high
See U.S. v. Odom, 252 F.3d 1289 , 1299 (11th Cir.2001) (explaining that in calculating restitution, “a defendant convicted of participation in a conspiracy is liable not only for her own acts, but also those reasonably foreseeable acts of others committed in furtherance of the conspiracy.”); U.S. v. Dabbs, 134 F.3d 1071 , 1081 (11th Cir.1998) (“The calculation of loss for purposes of section 2F1.1 is not an exact science. [Under U.S.S.G. § 2F1.1 cmt., n. 8 (1994) ] The loss need not be determined with precision.
discussed Cited "see" United States v. Harvey Andrew Rea
8th Cir. · 2002 · signal: see · confidence high
See United States v. Odom, 252 F.3d 1289, 1294 (11th Cir.) (“The ... ‘commerce’ of a church involves the solicitation and receipts of donations, and the provision of spiritual, social, community, educational ... and other charitable services.”), cert. denied, 533 U.S. 960 , 121 S.Ct. 2614 , 150 L.Ed.2d 768 (2001); United States v. Grassie, 237 F.3d 1199, 1204 (10th Cir.) (stating that church buildings are used for a broad range of educational, recreational, and financial activities), cert. denied, 533 U.S. 960 , 121 S.Ct. 2614 , 150 L.Ed.2d 768 (2001).
discussed Cited "see" United States v. Lent Christopher Carr, II
4th Cir. · 2001 · signal: accord · confidence high
United States v. Terry, 257 F.3d 366, 369 (4th Cir.2001); accord United States v. Odom, 252 F.3d 1289, 1296-97 (11th Cir.2001) (finding donations from out of state, purchase of Bibles and prayer books out of state, and indirect contributions to out-of-state church organization “too passive, too minimal and too indirect to substantially affect interstate commerce”); United States v. Johnson, 246 F.3d 749 , 750 n. 1 (5th Cir.2001) (refusing to allow “aggregation theory” to support connection to interstate commerce in church arson prosecution).
discussed Cited "see" United States v. Carr
4th Cir. · 2001 · signal: accord · confidence high
United States v. Terry, 257 F.3d 366, 369 (4th Cir. 2001); accord United States v. Odom, 252 F.3d 1289, 1296-97 (11th Cir. 2001) (finding donations from out of state, purchase of Bibles and prayer books out of state, and indirect contributions to out-of-state church organization "too passive, too minimal and too indirect to sub- stantially affect interstate commerce"); United States v. Johnson, 246 F.3d 749 , 750 n.1 (5th Cir. 2001) (refusing to allow "aggregation the- ory" to support connection to interstate commerce in church arson prosecution).
discussed Cited "see, e.g." United States v. Jeremy S. Craft
7th Cir. · 2007 · signal: see, e.g. · confidence medium
See, e.g., United States v. Odom, 252 F.3d 1289, 1296-97 (11th Cir.2001) (finding that a church which received donations from out-of-state, made purchases from out-of-state, and received indirect out-of-state contributions was not being used in an activity that affected interstate commerce because the effect was “too minimal, too indirect”); United States v. Rea, 223 F.3d 741, 743 (8th Cir.2000) (church’s use of materials purchased in interstate commerce insufficient to meet interstate commerce test).
discussed Cited "see, e.g." United States v. Craft, Jeremy S.
7th Cir. · 2007 · signal: see, e.g. · confidence medium
See, e.g., United States v. Odom, 252 F.3d 1289, 1296-97 (11th Cir. No. 06-3524 11 2001) (finding that a church which received donations from out-of-state, made purchases from out-of-state, and received indirect out-of-state contributions was not being used in an activity that affected interstate commerce because the effect was “too minimal, too indirect”); United States v. Rea, 223 F.3d 741, 743 (8th Cir. 2000) (church’s use of materials purchased in interstate commerce insuf- ficient to meet interstate commerce test).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Alan ODOM, Brandy Nicole Boone, Defendants-Appellants
98-6241.
Court of Appeals for the Eleventh Circuit.
May 31, 2001.
252 F.3d 1289
Kristen Gartman Rogers, Christopher Knight, Fed. Pub. Defenders, Fed. Defenders Organization, Inc., Richard Russell Williams, Dennis J. Knizley (Court-Appointed), Mobile, AL, for Defendants-Appellants., Barbara D. Underwood, Marie K. McEl-derry, U.S. Dept, of Justice, Washington, DC, Greg Bordenkircher, ■ Richard W. Moore, Mobile, AL, for Plaintiff-Appellee.
Birch, Black, Nesbitt.
Cited by 59 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: Eleventh Circuit (1)
[*1292] NESBITT, District Judge:

Defendants-Appellants Brandy Boone and Alan Odom appeal from their criminal convictions for conspiracy to commit arson and for conspiracy to use fire to commit a felony prosecutable in a United States court. Both Defendants challenge their conviction under 18 U.S.C. § 844(i), contending that the United States failed to prove that St. Joseph’s Baptist Church,' the church which the Defendants were convicted of burning, had a sufficient connection to interstate commerce. Both Defendants also challenge their conviction under 18 U.S.C. § 844(h)(1), contending that the indictment insufficiently defined the elements of the offense and the jury’s verdict was inconsistent. Defendant Boone also challenges the order requiring her to pay restitution. For the reasons stated below, we reverse the conviction under § 844(i) and affirm on all other counts.

I. BACKGROUND

A. Statement of Facts

On the evening of June 30, 1997, Defendants-Appellants Odom and Boone attended a party in Little River, Alabama, a rural community in southern Alabama. The partygoers, including Boone and Odom, consumed a large quantity of alcohol. Around 10 or 11 p.m., a number of the partygoers, including Odom and Boone, left the party in three vehicles with the purpose of finding an abandoned car and setting it on fire. The group obtained gasoline from a local service station and then went in search of an abandoned car. After being unable to locate the abandoned car, the three vehicles pulled up alongside one another at an intersection and Boone suggested “Let’s burn the nigger church.”

All three vehicles drove directly from the intersection to St. Joseph’s Baptist Church, which was just down the road. Odom and Michael Woods broke into the church and set fire to a sofa and some curtains. One of the partygoers convinced the others to extinguish the fire and not burn down the church. After extinguishing this fire, all of the partygoers left the church grounds. Unbeknownst to Boone or the others, Odom and Woods returned in a short time to finish the job they started — to burn down the church — which they successfully accomplished.

B. Proceedings Below

A grand jury in the Southern District of Alabama issued a ten count indictment charging Odom, Boone and others with conspiracy to commit an offense against the United States (18 U.S.C. § 371), damaging religious property because of the religious character of the property (18 U.S.C. § 247(a)(1)), use of fire or explosive to commit a felony prosecutable in federal court (18 U.S.C. § 844(h)(1)), damage or destruction by means of fire or explosive of any property used in interstate commerce or in any activity affecting interstate commerce (18 U.S.C. § 844(f)) and aiding and abetting an offense against the United States (18 U.S.C. § 2).

At trial, the government presented the following evidence of St. Joseph’s Baptist Church’s connection to interstate commerce: (1) one Bible, three hymnals and an unspecified number of Sunday School materials in the church had been purchased from the National Baptist Publishing Board in Nashville, Tennessee; (2) natural gas used to heat the church was purchased in Alabama, but originated in Mississippi; (3) the church received donations from the pastor’s brother and sister-in-law who reside in Detroit, Michigan; (4) the church was a dues-paying member of the First Eastern Shore Missionary Baptist Church Association, an intrastate church association, which, in turn, chose delegates to attend the Alabama State Baptist Convention, which, in turn, chose[*1293] delegates to attend the National Baptist Convention. There was no evidence that any member of St. Joseph’s congregation had ever been elected to attend the state or national conventions. There was no evidence that any interstate traveler had ever visited St. Joseph’s Church.

After the government produced all of its evidence supporting the interstate commerce nexus, defense counsel moved for judgment of acquittal on the § 844(i) count contending that the government had failed to present sufficient evidence of the requisite nexus to interstate commerce. The trial court held that the principles of United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995) did not apply and that the government had met its jurisdictional burden.

The jury returned a verdict convicting Odom of conspiracy to violate 18 U.S.C. § 844(i) and 844(h)(1) and, in two separate counts, of violating and attempting to violate both of those statutes. The jury found Boone guilty of conspiring to violate 18 U.S.C. § 844(i) and conspiring to willfully use fire to commit a felony prosecutable in a United States court under 18 U.S.C. § 844(h)(1), in violation of 18 U.S.C. § 371. After the jury verdict, defense counsel moved to set aside the jury’s verdict with respect to the § 844(h)(1) conspiracy conviction on the ground that the verdict was inconsistent. The district court denied that motion.

Pursuant to U.S.S.G. § 2K1.4, which has a guideline range of 33-41 months (offense level 20, criminal history category I), the district court sentenced Boone to 41 months imprisonment, followed by a three-year supervised release term with the special condition of 300 hours of community service. The court also ordered Boone to pay $96,836 restitution to St. Joseph’s Baptist Church jointly and severally with three co-defendants.

II. DISCUSSION

A. Section 8kl(i) & Interstate Commerce Requirement

Defendants Odom and Boone challenge the application of 18 U.S.C. § 844(i) to the arson of St. Joseph’s Baptist Church contending that an insufficient connection exists between the arson of St. Joseph’s Church and interstate commerce for the statute to be constitutionally applied. “A fundamental and longstanding principle of judicial restraint requires that courts avoid reaching constitutional questions in advance of the necessity of deciding them.” Lyng v. Northwest Indian Cemetery Protective Ass’n, 485 U.S. 439, 445, 108 S.Ct. 1319, 99 L.Ed.2d 534 (1988). This principle requires that a decision on a constitutional question is appropriate only after addressing the statutory questions. Id. at 446, 108 S.Ct. 1319. Thus, here, we must determine whether the government met its burden under § 844(i) before addressing whether the statutory requirements satisfy the interstate commerce clause of the Constitution.

Section 844 prohibits the malicious damaging or destroying or attempting to damage or destroy, by means of fire or explosive, any building used in interstate commerce or in any activity affecting interstate commerce. 18 U.S.C. § 844(i). The Supreme Court recently clarified in Jones v. United States, 529 U.S. 848, 120 S.Ct. 1904, 146 L.Ed.2d 902 (2000), that the qualifying words “used in” signaled that Congress did not invoke its full authority under the Commerce Clause. Id. at 1909-10. Section 844(i) does not cover the destruction of buildings whose damage might affect interstate commerce. Id. at 1910. Rather § 844(i) is limited to buildings used in interstate commerce. Id. Therefore, § 844(i) requires the government to prove that St. Joseph’s Church was used in interstate commerce or an activity affecting interstate commerce.

[*1294] The Jones court set forth the method to determine whether damage or destruction of a building is properly prosecutable under § 844(i). Id. The proper inquiry “is into the function of the building itself, and then a determination of whether that function affects interstate commerce.” Id. (quoting United States v. Ryan, 9 F.3d 660, 675 (8th Cir.1993) (Arnold, C.J., concurring in part and dissenting in part)). This determination involves a three-part inquiry: (1) What is the function of the building? (2) Is the function of the building involved in commerce? (3) Does the commerce in which the building is involved sufficiently affect interstate commerce?

1. Function of the Building

There is no dispute that building owned by St. Joseph’s Church functioned as a church. The congregation used this building for regular worship services one Sunday a month, Sunday school classes on a weekly basis and Bible studies and prayer meetings one night each week. Additionally, regular choir practices and occasional funerals were held in the church. To enable the church to perform these functions, St. Joseph’s Church (1) purchased one Bible, three hymnals and an unspecified number of Sunday School materials from the National Baptist Publishing Board in Tennessee; (2) used natural gas that originated in Mississippi; (3) received donations from out-of-state; and (4) paid dues to an intrastate organization which in turn was part of an interstate organization.

2. Involvement in Commerce

The legislative history of § 844(i) reveals that the statute was crafted specifically to include some non-business property such as police stations and churches. Russell v. United States, 471 U.S. 858, 860, 105 S.Ct. 2455, 85 L.Ed.2d 829 (1985). While § 844(i) excludes no particular type of building, the property must be “actively employ[ed] for commercial purposes.” Jones, 120 S.Ct. at 1910. The question here is whether St. Joseph’s Church was sufficiently involved in interstate commerce so that the destruction of this church is covered by § 844(i).

Churches are not commonly considered a business enterprise; nonetheless, churches can and do engage in commerce. The “business” or “commerce” of a church involves the solicitation and receipt of donations, and the provision of spiritual, social, community, educational (religious or non-religious) and other charitable services. See, e.g., United States v. Grassie, 237 F.3d 1199, 1204 (10th Cir.2001) (explaining how the church buildings were used for a broad range of religious, cultural, social, recreational, educational and financial activities). The question of whether a building is used in commerce or affects commerce does not turn merely on whether the activity is engaged in for a profit. Cf. Camps Newfound/Owatonna v. Town of Ramson, 520 U.S. 564, 584-85, 117 S.Ct. 1590, 137 L.Ed.2d 852 (1997) (concluding that the commerce clause applies to charitable and non-profit entities). To require a profit motive would exclude not only universities, museums, schools, think tanks, police and fire stations, but also many hospitals, trade and professional organizations, lobbying organizations, and the non-profit, non-governmental organizations that epitomize commerce and capitalism: stock [1] and commodity [2] exchanges[*1295] and the World Trade Organization. [3] Cf id. at 585, 117 S.Ct. 1590; Grassie, 237 F.3d 1199, 1210 a. 7. In general, churches engage in activities and provide services to their members, to their community and to the public at large; churches solicit contributions to provide these services; and they purchase goods necessary to provide these services. Accordingly, the evidence proving that a church building is used in or affects interstate commerce must relate to these activities-i.e. whereby it engages in activities relating to its "business" as a church.

The purchase and receipt of goods or services necessary for or common to the maintenance of any building, such as gas, electricity, insurance, or mortgage loans, do not prove that the function of the building is to engage in commerce. See Jones, 120 S.Ct. at 1910-11. Just as the Jones Court determined that the purchase of natural gas could not rise to level of a private home being “used in or affecting commerce,” id., so too here, the mere receipt of natural gas, whether intrastate or interstate, is insufficient to show that St. Joseph’s Church was used in an activity affecting commerce. On the other hand, the receipt of donations, the purchase of hymnals and payment of dues are the type of commercial activities by which a church would conduct its business as a church, and therefore, engage in commerce.

3. Involvement in Interstate Commerce

The mere engagement in commercial activities may not necessarily provide the requisite nexus between the function of the building and interstate commerce. See United States v. Ryan, 227 F.3d 1058, 1061 (8th Cir.2000) (explaining that a commercial building must still have an active connection to interstate commerce to be covered by § 844(i)); see, e.g., id. at 1062-63 (concluding a vacant former commercial establishment failed to create a sufficient interstate commerce nexus under § 844(i)); United States v. Rea, 223 F.3d 741, 743 (8th Cir.2000) (finding that merely because the building is church property does not mean that it meets the interstate commerce requirement for § 844(i)).

“[I]t is appropriate to avoid the constitutional question that would arise” if § 844(i) were construed to extend to local criminal conduct. Jones, 120 S.Ct. at 1912. To avoid a constitutional problem requires interpretation of § 844(i) in accord with the requirements of the Commerce Clause. Cf. id. The Jones Court specifically instructed that § 844(i) should be construed, in accordance with United States v. Lopez, 514 U.S. 549, 567, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), to require a distinction between what is truly national and what is truly local. Jones, 120 S.Ct. at 1911-12.

The presence of a jurisdictional element in § 844(i) enabled the Court in Jones to avoid a constitutional commerce clause analysis mandated by Lopez. Id. at 1912; see also Lopez, 514 U.S. at 562, 115 S.Ct. 1624 (explaining that a statute’s jurisdictional element might establish that the legislation was limited to “specific” incidents with explicit connections to interstate commerce). In construing a statute such as § 844(i), courts should presume, absent clear evidence to the contrary, that Congress did not intend to obliterate the distinction between national and local authority. Id. Therefore, the statute must be interpreted in such a way so it does not[*1296] encompass “paradigmatic common-law state crime.” Id.

Allowing the government to meet the interstate commerce requirement through only a nominal showing of a connection to interstate commerce would do as much to “completely obliterate” the distinction between national and local authority as if no jurisdictional requirement existed at all. See Andrew St. Laurent, Reconstituting United States v. Lopez: Another Look at Federal Criminal Law, 31 Colum. J.L. & Soc. Probs. 61, 112 (1998) (“A purely nominal jurisdictional requirement ... does nothing to prevent the shifting of the [federal-state] balance ... [a]s virtually all criminal actions ... involve the use of some object that has passed through interstate commerce.”); see also Jones, 120 S.Ct. at 1911 (warning that if minimal connections to interstate commerce sufficed to trigger § 844(i), the language “used in” would have no office); Morrison, 120 S.Ct. at 1752 (advising of the importance of maintaining a distinction between national and local interests). The presence of a jurisdictional element may preserve the constitutionality of the statute so long as a case-by-case analysis requires sufficient proof of a connection to interstate commerce. Otherwise, Congress could circumvent the requirement of the Constitution’s interstate commerce clause by inserting a jurisdictional element into every statute and allowing the government to rely on the most minimal proof of that element.

Rather, § 844(i) requires that covered property is employed actively, not merely in commerce, but in interstate commerce. Ryan, 227 F.3d at 1062 (explaining that the building must be actively employed in interstate commerce at the time of the fire). A federal statute may regulate purely intrastate activity without demonstrating its specific impact on interstate commerce, only if it regulates economic activity. Morrison, 120 S.Ct. at 1750; United States v. Lopez, 514 U.S. 549, 559-61, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995). Section 844(i) regulates non-economic activity, arson. The government, therefore, must show that this arson affects interstate commerce by showing how the function of this particular building was used in or affected interstate commerce.

To be considered actively employed in interstate commerce, the function of a building must have more than a passive, past, or passing connection to interstate commerce. Jones, 120 S.Ct. at 1910. The Jones court observed every building is constructed with supplies that have moved in interstate commerce. Id. Likewise, every building, every business, and every person in the nation, has received money or goods that traveled in interstate commerce or is a member of some organization that directly or indirectly is involved in interstate commerce. Thus, to meet the jurisdictional requirement, the government must show that the function of the property involves the active engagement in commerce and the property either has a direct and regular connection to interstate commerce, see, e.g., Grassie, 237 F.3d at 1212 (finding “a settled, regular pattern” of use of truck in interstate commerce sufficed although not actively employed in interstate commerce at the “precise time of the arson”), or a substantial connection to interstate commerce, see, e.g., United States v. Gaydos, 108 F.3d 505, 510 (3d Cir.1997) (explaining that significant connections to out-of-state factors could satisfy the interstate commerce nexus under § 844(i)).

Here, the government offered evidence that the church engaged in interstate commerce by (1) receiving donations from two out-of-state donors, (2) utilizing a handful of Bibles and prayer books that had been purchased from an out-of-state source, and (3) indirectly contributing to[*1297] an out-of-state church organization through its membership in the in-state church organization. These “connections” to interstate commerce are too passive, too minimal and too indirect to substantially affect interstate commerce.

Alternatively, the government contends that even if the link between the arson of St. Joseph’s Church in particular and interstate commerce is insufficient, the aggregate effect of arson of church property suffices if it substantially impacts interstate commerce. Indeed, in United States v. Dascenzo, 152 F.3d 1300 (11th Cir.1998), this Court suggested that only a “minimal effect on interstate commerce” was required under § 844(i) so long as the effect of arson on the particular type of property had an aggregate effect on interstate commerce. Id. at 1302-03. Because arson of church property substantially affects interstate commerce in the aggregate, the government contends that this statute is properly applied to the arson of St. Joseph’s Church.

Yet, in United States v. Morrison, 529 U.S. 598, 120 S.Ct. 1740, 146 L.Ed.2d 658 (2000), the Supreme Court expressed great doubt as to whether aggregation should apply to any non-economic activity. See id. at 1751. While the Court declined to adopt a per se rule against aggregating the effects of any non-economic activity, the Court observed that thus far, aggregation had only been upheld in cases where the regulated activity was economic in nature. Id.; e.g., Katzenbach v. McClung, 379 U.S. 294, 85 S.Ct. 377, 13 L.Ed.2d 290 (1964) (upholding regulation of restaurant’s discriminatory commercial practice because of aggregate affect created a highly restrictive effect on interstate travel); Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241, 85 S.Ct. 348, 13 L.Ed.2d 258 (1964) (same regarding hotel’s discriminatory practice); Wickard v. Filburn, 317 U.S. 111, 63 S.Ct. 82, 87 L.Ed. 122 (1942) (sustaining regulation of manufacture of wheat because of aggregate effect on wheat production). The purpose of aggregation is to allow regulation of purely intrastate activity where the absence of such regulation would undercut a larger economic regulatory scheme affecting interstate commerce. Lopez, 514 U.S. at 561, 115 S.Ct. 1624. No regulatory scheme regulating an economic activity is present here.

Regarding non-economic criminal activity, the Morrison court clearly rejected Congress’ ability to “regulate [such] conduct based solely on that conduct’s aggregate effect on interstate commerce.” Id. Thus, if the government cannot meet the jurisdictional requirement in a criminal statute regulating non-economic activity, it may not rely on the aggregate effect of that conduct. Accordingly, here the government may not rely on the aggregate effect of arson on churches to establish the requisite nexus with St. Joseph’s Baptist Church.

The Government has failed to set forth sufficient evidence establishing that St. Joseph’s Baptist Church, the building destroyed by Defendants’ act of arson, was used in or affected interstate commerce according to the requirements of § 844(i). Accordingly, Defendants’ convictions under § 844(i) are reversed.

B. Vagueness of the Indictment

Defendant Boone challenges Count I of the indictment, which charges her with conspiracy to use fire to commit a felony prosecutable in a federal court violating § 844(h)(1). Defendant Boone contends that because Count I does not specify in which predicate felony, § 247(a)(1), § 247(c) or § 844(i), the government alleged Boone used fire to violate § 844(h)(1), Count I was unconstitutionally vague.

[*1298] Due process requires an indictment to provide notice sufficient to allow the defendant to prepare an adequate defense. United States v. Lehder-Rivas, 955 F.2d 1510, 1519 (11th Cir.1992). Predicate felonies do not need to be listed in the indictment so long as the defendant has actual notice of the charge. Id.; see also United States v. Johnson, 982 F.2d 1192, 1197 (8th Cir.1992); United States v. Zavala, 839 F.2d 523, 527 (9th Cir.1988). Even an inadequate indictment satisfies due process if the defendant has actual notice, so that she suffers no prejudice. United States v. Becton, 751 F.2d 250, 257 (7th Cir.1984).

In this case, Count I sets forth all of the underlying facts concerning the three felonies which the government charged the defendants with conspiring to commit by use of fire in violation of 18 U.S.C. § 844(h)(1): (1) intentional damage to religious real property in and affecting interstate commerce based on its religious character, 18 U.S.C. § 247(a)(1); (2) intentional damage to religious real property because of the race and color of individuals associated with the property, 18 U.S.C. § 247(c); and (3) malicious damage by fire of a building used in interstate commerce, 18 U.S.C. § 844(i). Defendant Boone knew that she was charged with conspiring to set fire to St. Joseph’s Baptist Church. Counts IV charged one predicate felony as a separate substantive count and Count V specified two of the predicate felonies. Therefore, Boone does not and cannot claim that she did not have notice of these felonies or that she was unable to mount a defense to these felonies. Accordingly, the indictment was not unconstitutionally vague.

C. Inconsistent Verdicts

Defendants Boone and Odom challenge the jury’s verdict convicting them of conspiracy to violate 18 U.S.C. § 844(h)(1), but acquitting them of violating the underlying predicate felonies as inconsistent verdicts. Nearly seventy years ago, Justice Holmes, writing for the Supreme Court, explained: “Consistency in the verdict is not necessary.” Dunn v. United States, 284 U.S. 390, 393, 52 S.Ct. 189, 76 L.Ed. 356 (1932). As each count in an indictment is regarded as a separate indictment, merely the jury’s choice to acquit on one charge does not have a res judicata effect on any other separate count. Id. Justice Holmes further explained that “[t]he most that can be said [of an inconsistent verdict] is that the verdict shows that either in the acquittal or the convictions the jury did not speak their real conclusions, but that does not show that they were not convinced of the defendant’s guilt.” Id. In other words, the jury compromised.

This principle was more recently affirmed by United States v. Powell, 469 U.S. 57, 105 S.Ct. 471, 88 L.Ed.2d 461 (1984). In Powell, the defendant was charged with possession with the intent to distribute cocaine and using the telephone in committing and facilitating certain felonies-i.e. conspirac.y to possess cocaine with intent to distribute. Id. at 60, 105 S.Ct. 471. The jury acquitted the defendant of the former, but convicted her of the latter. Id. The Supreme Court held the rule set forth in Dunn even applies to verdicts, such as the one here, that acquit on a predicate offense while convicting on the compound offense. Id. at 64, 105 S.Ct. 471. Defendants' convictions for conspiring to violate 18 U.S.C. § 844(h)(1) in rio-lation of 18 U.S.C. § 371 will stand regardless of their acquittal on any or all of the other counts. Accordingly, Defendants Boone's and Odom's convictions under this count. are affirmed.

D. Restitution

Defendant Boone challenges the district court’s ordering her to pay, jointly and[*1299] severally with Odom and others, over $96,000 in restitution to St. Joseph’s Baptist Church. Defendant Boone claims that the facts establish that she withdrew from the conspiracy and therefore, do not support the district court’s restitution order.

Ordinarily, this Court reviews a district court’s restitution order for abuse of discretion. United States v. Davis, 117 F.3d 459, 462 (11th Cir.1997). If a defendant fails to challenge a restitution order at sentencing, she waives that objection. Id. In such a case, this Court reviews for plain error. Id. Defendant Boone admits that she did not raise the issue below and we accordingly review for plain error.

A restitution order may order payment of losses consistent with the common law of conspiracy. Namely, a defendant convicted of participation in a conspiracy is liable not only for her own acts, but also those reasonably foreseeable acts of others committed in furtherance of the conspiracy. Id. at 462-63. A participant remains liable until the conspiracy ends or the participant withdraws. Id. Here, Boone contends that she withdrew from the conspiracy once she left the church and that it was unforeseeable that Odom and others would return to the church to continue the arson of the church.

A conspirator’s participation in a conspiracy is presumed to continue until all activity related to the conspiracy ceases. United States v. Starrett, 55 F.3d 1525, 1550 (11th Cir.1995). Consequently, a defendant has the burden of proving (1) that she took affirmative acts inconsistent with the object of the conspiracy and (2) communicated those acts or her desire to withdraw to her co-conspirators (or disclosed the scheme to law enforcement). United States v. United States Gypsum, 438 U.S. 422, 464-466, 98 S.Ct. 2864, 57 L.Ed.2d 854 (1978)(emphasis added); Starrett, 55 F.3d at 1550. The presumption here is that the conspiracy to burn the church continued. Merely leaving the church grounds did not necessarily end the conspiracy, nor her participation in the conspiracy. Boone took no affirmative acts inconsistent with the conspiracy: she did not put the original fire out; she did not convince the others to leave; and she did not announce to the others that she had changed her mind about the original plan to “burn the nigger church.” She is, therefore, appropriately liable for the acts of the other members of the conspiracy. Accordingly, the district court’s restitution order holding Boone jointly and severally liable with the other conspirators is appropriate and affirmed.

III. CONCLUSION

For the foregoing reasons, we reverse Appellants’ convictions under § 844(i) because the government failed to present sufficient proof that St. Joseph’s Church was used in or affected interstate commerce. We affirm the Appellants’ convictions under 844(h)(1) because the indictment was not unconstitutionally vague nor the verdict inconsistent. Finally, we affirm the district court’s restitution order because Appellant Boone failed to establish that she withdrew from the conspiracy; therefore, Boone is jointly and severally liable for the acts of her co-conspirators.

AFFIRMED in PART, REVERSED in PART.

1

. See, e.g., NYSE, About the NYSE, at http:// www.nyse.com/about/about.html (last visited Feb. 7, 2001). The New York Stock Exchange has been an incorporated non-profit corporation since 1971. Id.

2

. See, e.g., Chicago Board of Trade, About CBOT, at http://www.cbot.com/cboi/www/ page/0,1398,10 +10 + 83,00.html (last visited May 14, 2001). The Chicago Board of Trade, the world's oldest commodity futures ex[*1295] change, presently operates as self-governing, self-regulated, not-for-profit, non-stock corporation. Id.

3

. See World Trade Organization, What is the World Trade Organization, at http:// www.wto.org/english/thewto_e/whatis_e/tif_e/ factl_e.htm (last visited Feb. 7, 2001).