U.S. v. THOMAS

No. 96-5085.

111 F.3d 426 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Dale THOMAS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 14, 1997.


Attorney(s) appearing for the Case

Hugh B. Ward, Jr. (argued and briefed), Office of the U.S. Attorney, Knoxville, TN, for Plaintiff-Appellee.

Perry H. Piper (argued and briefed), Federal Defender Services of Eastern Tennessee, Inc., Chattanooga, TN, for Defendant-Appellant.

Before: NORRIS and MOORE, Circuit Judges; RUSSELL, District Judge.


ALAN E. NORRIS, Circuit Judge.

Defendant, Victor Dale Thomas, appeals the district court's finding that exploding shotgun shells confiscated from his house are "destructive devices" within the meaning of 26 U.S.C. § 5845(f). This finding resulted in a higher total offense level, and therefore a longer term of imprisonment. We affirm.

I.

On January 20, 1995, Bradley County, Tennessee sheriff's deputies conducted a search of defendant's house...

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