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U.S. v. FILLMAN

No. 98-3036.

162 F.3d 1055 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Barry P. FILLMAN, Defendant-Appellant,

United States Court of Appeals, Tenth Circuit.

December 11, 1998.

Attorney(s) appearing for the Case

Jerome R. Jones, Wichita, KS, for Defendant-Appellant.

Jackie N. Williams, United States Attorney (Michael G. Christensen, Asst. U.S. Attorney, with him on the brief), Wichita, KS, for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, and BRORBY and BRISCOE, Circuit Judges.

SEYMOUR, Chief Judge.

Appellant Barry P. Fillman was convicted of possessing explosive materials while under indictment, in violation of 18 U.S.C. § 842(i). He contends that the statute does not cover his conduct because he was not "under indictment," having been charged by information. We conclude Congress intended to prohibit both those charged by indictment and those charged by information from possessing explosives. We therefore affirm Mr. Fillman's conviction...

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