United States v. Markey

TACHA, Chief Circuit Judge.

Defendanb-Appellant Kenneth Randall Markey pleaded guilty to a one-count indictment for being a felon in possession of explosives in violation of 18 U.S.C. § 842(f)(1). As a condition to entering the plea, Mr. Markey reserved the right to appeal the District Court’s order precluding him from presenting evidence that the dynamite he possessed could not actually explode. We take jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM.

I. BACKGROUND

In December 2002, Mr. Markey was given four sticks of dynamite by an acquaintance who had found the sticks in a commercial…