United States v. Lechner

Defendant appealed his convictions for two counts each of transporting explosives without a permit, in violation of 18 U.S.C. 842(a)(3)(A), and improper storage of explosives, and one count each of possessing explosives while under indictment and making a materially false statement to government officials. On appeal, defendant argued that 27 C.F.R. 555.205 authorized him to move his ammonium nitrate/fuel oil (ANFO) and that this regulation contradicts section 842(a)(3)(A). The court rejected defendant's argument, concluding that the statute is not void for vagueness; because the statute is clear, there is no reason to invoke the rule of lenity; and defendant fails to meet the elements of entrapment by estoppel. The court rejected defendant's Commerce Clause challenge, concluding that Congress's comprehensive regulation of explosives is permissible because the misuse of such material, especially when transported on highways, has a substantial effect on interstate commerce. Further, the court rejected defendant's claims of error to the jury instructions and defendant's remaining claims of error. Accordingly, the court affirmed the convictions. View "United States v. Lechner" on Justia Law