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U.S. v. MATHEWS

No. 95-50361.

120 F.3d 185 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Glen MATHEWS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 17, 1997.

Amended August 6, 1997.

Attorney(s) appearing for the Case

Thomas L. Sauer, La Jolla, CA, for defendant-appellant.

Larry A. Burns, Assistant United States Attorney, San Diego, CA, for plaintiff-appellee.

Before: KOZINSKI and LEAVY, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge:

FACTS

Richard Mathews had a grudge against James Rivera, a motorcycle gang leader who had kicked Mathews out of the gang. For that reason, Mathews and an accomplice decided to build a bomb packed with steel balls (to increase the risk of personal injury), and to plant it next to the rented house of Rivera and his girlfriend. While collecting cans in the alley by the residence, James Wilson picked up the box containing the...

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