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U.S. v. SPOERKE

No. 08-12910.

568 F.3d 1236 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Aaron SPOERKE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 22, 2009.

Attorney(s) appearing for the Case

Michael Salnick (Court-Appointed), West Palm Beach, FL, for Spoerke.

Phillip DiRosa, Ft. Lauderdale, FL, Anne R. Schultz, Kathleen M. Salyer, Carol E. Herman, Miami, FL, for U.S.

Before MARCUS and PRYOR, Circuit Judges, and EDENFIELD, District Judge.

PRYOR, Circuit Judge:

The main issue presented by this appeal is whether a homemade explosive device made of polyvinyl chloride (PVC) pipe, which the defendant described as a "pipe bomb" that could propel shrapnel and admitted was both illegal and dangerous, is a "destructive device" under the National Firearms Act. 26 U.S.C. §§ 5801 et seq. We conclude that it is. Aaron Spoerke was convicted of charges...

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