The following excerpt is from U.S. v. Giordano, 693 F.2d 245 (2nd Cir. 1982):
5 As we pointed out in United States v. Barton, 647 F.2d 224, 231 n. 7 (2d Cir.), cert. denied, 454 U.S. 857, 102 S.Ct. 307, 70 L.Ed.2d 152 (1981), the burden would be on the government to prove beyond a reasonable doubt the facts that establish the effect on interstate commerce.
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