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U.S. v. SIMMONS

No. 95-5460.

83 F.3d 686 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby Ray SIMMONS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 20, 1996.

Attorney(s) appearing for the Case

ARGUED: Hunt L. Charach, Federal Public Defender, Charleston, West Virginia, for Appellant. Margaret Agnes Hickey, Assistant United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: C. Cooper Fulton, Assistant Federal Public Defender, Charleston, West Virginia, for Appellant. Rebecca A. Betts, United States Attorney, Charleston, West Virginia, for Appellee.

Before MURNAGHAN and LUTTIG, Circuit Judges, and JAMES H. MICHAEL, Jr., Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge MURNAGHAN and Senior Judge MICHAEL concurred.

OPINION

LUTTIG, Circuit Judge:

The sole question before the court in this case is whether a Molotov cocktail, comprising a glass bottle filled with gasoline and a cloth fuse, is a "destructive device" as that term is defined in 26 U.S.C. § 5845(f)(1), if the defendant does not physically possess a match or lighter with...

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