United States Second Circuit

In a conviction of defendant for various crimes in violation of the Hobbs Act and for using an explosive to commit a felony in violation of 18 U.S.C. section 844(h)(1), district court's imposition of a sentence based on the theory that his discharge of a single bullet from a 9 millimeter semiautomatic pistol in furtherance of the crime of extortion constituted both a violation of 18 U.S.C. section 924(c)(1)(A)(iii) and section 844(h)(1), is reversed and remanded, as the term "explosive" in section 844(h)(1) does not include within its ambit the cartridge in the 9-millimeter semiautomatic pistol used by defendant, simply because it contains a small amount of gunpowder and can be fired from a gun.

Appellate Information

• Decided 08/15/2012
• Published 08/15/2012

Judges

• Livingston

Court

• United States Second Circuit

Counsel