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UNITED STATES v. BUNNEY

No. 81-2343

705 F.2d 378 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. John R. BUNNEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 12, 1983.

Attorney(s) appearing for the Case

Richard Honaker, Rock Springs, Wyo. (Frank R. Chapman, Casper, Wyo., with him on the brief), for defendant-appellant.

Francis Leland Pico, Asst. U.S. Atty., Cheyenne, Wyo. (Richard A. Stacy, U.S. Atty., Cheyenne, Wyo., and Christine Chute, Legal Intern, with him on the brief), for plaintiff-appellee.

Before SETH, Chief Judge, and BREITENSTEIN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

John R. Bunney was convicted by a jury of three counts of attempting to maliciously damage and destroy buildings by means of an explosive in violation of 18 U.S.C. § 844(i) (1976).1 On appeal he contends that: (1) the trial court lacked jurisdiction over the offenses charged because uncontained gasoline is not an "explosive" as defined in the statute;2 and (2) the evidence was insufficient...

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