United States Tenth Circuit

Defendant's non-exploding device, designed to shoot a six-foot-high flame into the air and in the process give out large amounts of gas, heat, and energy, was an "incendiary bomb" and thus a "destructive device" per 26 U.S.C. section 5845(f).

Appellate Information

• Decided 04/27/2004
• Published 04/27/2004

Judges

• EBEL, Circuit Judge., Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and MURPHY, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• John G. Malcolm, Deputy Assistant Attorney General, Criminal Division, United States Department of Justice, Washington, D.C. (David C. Iglesias, United States Attorney, District of New Mexico, and Nina Goodman, Attorney, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C., with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, NM, (Scott M. Davidson, Research and Writing Specialist, Albuquerque, NM, with him on the brief), for Defendant-Appellee.