Welcome to the digital.law repository at the University of Washington

[82WashLRev01007] Defusing the Bomb: The Scope of the Federal Explosives Statute

Show simple item record

dc.contributor.author Moreno, Peter
dc.contributor.author Washington Law Review
dc.date.accessioned 2010-03-04T17:34:10Z
dc.date.available 2010-03-04T17:34:10Z
dc.date.issued 2007-11
dc.identifier.citation 82 Wash. L. Rev. 1007 (2007) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/285
dc.description.abstract Abstract: A federal statute, 18 U.S.C. § 844(h)(2) (2000), imposes a mandatory ten-year term of imprisonment on anyone who “carries an explosive during the commission of any felony which may be prosecuted in a court of the United States.” The United States Courts of Appeals are split over whether the statute must be read to include a relational element such that the crime is carrying explosives in relation to another felony. The Third, Fifth, and Sixth Circuits have rejected the notion that the statute contains such an implicit limitation. In contrast, the Ninth Circuit recently held that the application of § 844(h)(2) requires a specific relationship between the explosives and the underlying felony and reversed a conviction where explosives did not “facilitate” the felony. This Comment argues that application of the statute should not be limited to cases in which the explosives facilitate the underlying felony for four reasons: (1) the United States Supreme Court has adopted a broad reading of the terms “carry” and “use” in 18 U.S.C. § 924(c) (2000)⎯the analogous firearm statute⎯ suggesting that these terms in § 844(h) should also be read expansively; (2) Congress amended § 924(c) to include an explicit relational element but did not amend § 844(h)(2) in the same fashion, suggesting an intentional omission; (3) the Supreme Court’s interpretation of the explicit relational element in § 924(c) is inapplicable to § 844(h)(2) because unlike firearms, explosives are not often carried to facilitate crimes; and (4) the courts may exercise their equitable powers to preclude prosecution under § 844(h)(2) when doing so would produce absurd results. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [82WashLRev01007] Defusing the Bomb: The Scope of the Federal Explosives Statute en_US
dc.type Article en_US
dc.rights.holder Copyright 2007 by Washington Law Review Association. en_US


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search digital.law


Advanced Search

Browse

My Account