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U.S. v. GILLESPIE

No. 05-6292.

452 F.3d 1183 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Sean Michael GILLESPIE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 30, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:* Paul Antonio Lacy, Assistant Federal Public Defender, Office of the Federal Public Defender for the Western District of Oklahoma, Oklahoma City, OK, for Appellant.

John C. Richter, United States Attorney, and Scott L. Palk, Assistant United States Attorney, Office of the United States Attorney, Oklahoma City, OK, for Appellee.

Before TACHA, Chief Circuit Judge, HOLLOWAY, and HARTZ, Circuit Judges.

TACHA, Chief Circuit Judge.

After Defendant-Appellant Sean Michael Gillespie admitted to throwing a Molotov cocktail into Temple B'nai Israel located in Oklahoma City, a jury convicted him of using a destructive device during a violent crime in violation of 18 U.S.C. § 924(c)(1)(A); maliciously damaging a building used in interstate commerce or used in any activity affecting interstate commerce by means of an explosive in violation of 18 U.S.C. § 844(i)...

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