United States v. Graham

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 (Seybert, J.) sentencing him principally to a total of 50 years’ imprisonment and five years’ supervised release, following his conviction, upon a…