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UNITED STATES v. LEE

Nos. 81-5291, 81-5292.

726 F.2d 128 (1984)

UNITED STATES of America, Appellee, v. Benjamin LEE, Appellant. UNITED STATES of America, Appellee, v. David LEE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 12, 1984.

Attorney(s) appearing for the Case

Paul W. Spence, Asst. Federal Public Defender, Baltimore, Md. (Fred Warren Bennett, Federal Public Defender, Baltimore, Md., on brief), for appellant Benjamin Lee.

Marlene M. Kaufman, Ellicott City, Md. (Alan L. Fishbein, Fishbein & Fishbein, P.A., Ellicott City, Md., on brief), for appellant David Lee.

J. Frederick Motz, U.S. Atty., Baltimore, Md. (Stephen J. Immelt, Asst. U.S. Atty., Baltimore, Md., on brief), for appellee.

Before RUSSELL, PHILLIPS and SPROUSE, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

David and Benjamin Lee were convicted of various federal offenses in connection with their participation in an arson scheme. On appeal they advance two primary contentions from among numerous assignments of error: that they could not, as a matter of law, have violated 18 U.S.C. § 844(i) because the uncontained gasoline used in the arson was not an "explosive" within the meaning of the statute; and that they could not, as...

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