Explosive possessed by felon need not be capable of exploding to violate felon-in-possession statute
STATUTORY CONSTRUCTION
United States v. Markey, No. 04-2044, ___ F.3d ___ (10th Cir. Dec. 29, 2004)(New Mexico). Appeal of conviction for being felon in possession of explosives in violation of 18 U.S.C. § 842(i)(1). HELD: Government need not show that device is actually able to explode in order to prove defendant knowingly possessed explosive in violation of 18 U.S.C. § 842(i)(1). Government need only prove that defendant knew he possessed dynamite or other chemical compound, mixture, or device that was primarily designed to function by explosion. Read the opinion here. |
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