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U.S. v. McGUIRE

No. 97-3542.

178 F.3d 203 (1999)

UNITED STATES of America, v. Joseph T. McGUIRE Appellant

United States Court of Appeals, Third Circuit.

Decided May 28, 1999.

Attorney(s) appearing for the Case

Shelley Stark (Argued), Office of Federal Public Defender, Pittsburgh, PA, for Appellant.

Paul J. Brysh (Argued), Bonnie R. Schlueter, Office of United States Attorney, Pittsburgh, PA, for Appellee.

Before: McKEE, RENDELL & WEIS, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

Joseph McGuire appeals his conviction for aiding and abetting the use of an explosive to destroy property used in an activity affecting interstate commerce in violation of 18 U.S.C. §§ 2 and 844(i). For the reasons that follow we hold that the evidence presented was not sufficient to establish the jurisdictional element of the offense, and we will reverse.

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