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U.S. v. LANDMESSER

No. 03-2958.

378 F.3d 308 (2004)

UNITED STATES of America v. Robert LANDMESSER, Appellant.

United States Court of Appeals, Third Circuit.

August 11, 2004.

Attorney(s) appearing for the Case

D. Toni Byrd (Argued), James V. Wade, Office of Federal Public Defender, Middle District of Pennsylvania, Williamsport, Daniel I. Siegel, Office of Federal Public Defender, Middle District of Pennsylvania, Harrisburg, for Appellant.

Christian A. Fisanick (Argued), George J. Rocktashel, Thomas A. Marino, Office of United States Attorney, Middle District of Pennsylvania, Williamsport, for Appellee.

Before SLOVITER and FUENTES, Circuit J and POLLAK, District Judge.

OPINION OF THE COURT

POLLAK, District Judge.

On December 25, 2002, appellant Robert Landmesser ("Landmesser"), along with two persons not involved in this appeal, stole anhydrous ammonia from an agricultural supply business in Mill Hall, Pennsylvania. The anhydrous ammonia was to be used to manufacture methamphetamine. During the theft, anhydrous ammonia vapor was released from the tanks, burning Landmesser...

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