U.S. v. GRAHAM

No. 09-2819-cr.

691 F.3d 153 (2012)

UNITED STATES of America, Appellee, v. Larone GRAHAM, also known as Abgod Graham, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 15, 2012.


Attorney(s) appearing for the Case

Donna R. Newman , Buttermore Newman Delanney & Foltz, LLP, New York, NY, for Defendant-Appellant.

Lara Treinis Gatz , Assistant United States Attorney ( Jo Ann M. Navickas , Assistant United States Attorney, on the brief), for Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee.

Before: CABRANES, LIVINGSTON, and CARNEY, Circuit Judges.


LIVINGSTON, Circuit Judge:

This case presents the question of whether the discharge of a cartridge from a 9-millimeter semiautomatic pistol constitutes the use of an "explosive" for purposes of 18 U.S.C. § 844(h)(1). For the reasons that follow, we conclude that it does not.

Defendant-Appellant Larone Graham, a/k/a Abgod Graham ("Graham"), appeals from a June 17, 2009, judgment of the United States District Court for the Eastern District of New York ...

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