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U.S. v. LA COCK

No. 02-2283.

366 F.3d 883 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Phillip LA COCK, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 27, 2004.

Attorney(s) appearing for the Case

John G. Malcolm, Deputy Assistant Attorney General, Criminal Division, United States Department of Justice, Washington, D.C. (David C. Iglesias, United States Attorney, District of New Mexico, and Nina Goodman, Attorney, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C., with him on the briefs), for Plaintiff-Appellant.

Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, NM, (Scott M. Davidson, Research and Writing Specialist, Albuquerque, NM, with him on the brief), for Defendant-Appellee.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and MURPHY, Circuit Judge.

EBEL, Circuit Judge.

Defendant Phillip La Cock was indicted on three counts stemming from his possession of a "destructive device" as defined in 26 U.S.C. § 5845(f). He moved to dismiss the indictment on the ground that his device was a homemade intruder alarm that fell outside the definition of the statute. After hearing testimony from experts on both sides, the district court granted Defendant's motion. The Government timely appealed. For the reasons that follow...

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