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United States v. Grady

United States Court of Appeals, Seventh Circuit

March 27, 2014

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
FRANCIS G. GRADY, Defendant-Appellant

Argued December 6, 2013.

Petition for certiorari filed at, 07/18/2014

Appeal from the United States District Court for the Eastern District of Wisconsin. No. 1:12-cr-00077 -- William C. Griesbach, Chief Judge.

For United States of America, Plaintiff - Appellee: Matthew Dean Krueger, Office of The United States Attorney, Milwaukee, WI.

For Francis Gerald Grady, Defendant - Appellant: Johanna M. Christiansen, Jonathan E. Hawley, Office of The Federal Public Defender, Peoria, IL.

Before KANNE and ROVNER, Circuit Judges, and DURKIN, District Judge.[*]

OPINION

Page 847

Kanne, Circuit Judge.

Francis Grady was convicted of arson and intentionally damaging the property of a facility providing reproductive health services. Grady now appeals, arguing that the district court erred in defining the term " maliciously" in the jury instructions. For the following reasons, we affirm.

I. Background

On April 1, 2012, Grady drove to Daniel Wolf's house and told Wolf that he wanted to blow up the Planned Parenthood clinic in Grand Chute, Wisconsin. After Wolf refused to provide him gasoline, Grady drove to a nearby gas station and made two separate gasoline purchases, depositing some in his van and a smaller amount in a plastic bottle. He then drove to the Planned Parenthood clinic, parked his van, and approached the facility with a hammer and the plastic container of gasoline. Grady broke a window with the hammer, poured the gasoline into the building, and set it on fire.

The next morning, after seeing news reports of the fire, Wolf called police and informed them that Grady may have been responsible. The police arrested Grady and then questioned him in a videotaped interview. During the interview, Grady admitted

Page 848

that he " lit the clinic up" and that his " intention was to light the building." He also stated that he told friends shortly after lighting the fire, he " thought as far as I know I thought it ...


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