United States v. Private E2 BRIAN A. MURPHY

“[I]t is not reasonable to construe § 844(j) as including within its ambit a single 9-millimeter cartridge, simply because it contains a small amount of gunpowder and can be fired from a gun.” United States v. Graham, 691 F.3d 153, 164 (2d Cir.2012) vacated on other grounds, — U.S. -, 133 S.Ct. 2851, 186 L.Ed.2d 902 (2013).

“[T]he serious and substantial nature of the other explosives listed suggests that the tiny amount of gunpowder used to fire a gun does not constitute ‘an explosive’ within the meaning of § 844(h)(1)” and thus the meaning of explosive in § 844(j). United States v. Thompson,…