The following excerpt is from U.S. v. Doe, 136 F.3d 631 (9th Cir. 1998):
We are aware of only one federal appellate decision that has addressed the mens rea requirement under 81. In United States v. M.W., 890 F.2d 239 (10th Cir.1989), the court affirmed a conviction, holding that a finding that the defendant was "consciously aware that his conduct would result in setting fire to or burning the school building ... established knowing conduct and was, therefore, sufficient to support [the conviction]" under 81. Id. at 241. 9 While we agree with the result reached by the court, we disagree with its reasoning. The court did not address the common law definition of the crime and instead made reference to the Model Penal Code analysis of mens rea. We respectfully reject its analysis which implies a higher mens rea requirement than exists at common law. 10
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