UNITED STATES v. AVERY

No. 82-5589.

717 F.2d 1020 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Ozzie Lee AVERY, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 29, 1983.

Rehearing and Rehearing Denied January 23, 1984.


Attorney(s) appearing for the Case

Frank E. Haddad, Jr., argued, Louisville, Ky., Robert D. Simmons, Bowling Green, Ky., for defendant-appellant.

Alan Sears, Richard Dennis, Asst. U.S. Attys., Louisville, Ky., argued, for plaintiff-appellee.

Before CONTIE, Circuit Judge, and PHILLIPS and CELEBREZZE, Senior Circuit Judges.


Rehearing and Rehearing En Banc Denied January 23, 1984.

CONTIE, Judge.

Ozzie Lee Avery appeals his jury conviction on one count of attempted destruction of a building used in interstate commerce by means of an explosive. 18 U.S.C. § 844(i). In this appeal we are required, among other things, to determine whether the materials used in the attempted destruction fall within the statutory definition of "explosive...

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