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United States v. McVeigh

United States Court of Appeals for the Tenth Circuit
153 F.3d 1166 (1998)


Facts

The federal government (plaintiff) prosecuted Timothy J. McVeigh (defendant) on an 11-count indictment for using a weapon of mass destruction, in violation of 18 U.S.C. § 2232a, and for several other serious crimes arising from McVeigh's bombing of the federal building in Oklahoma City, Oklahoma, which killed 168 people. The trial evidence established that McVeigh deliberately set off the bomb in retaliation for the recent federal siege of the Branch Davidian compound in Waco, Texas, and in the supposed defense of liberty. The jury convicted McVeigh on all counts and the judge sentenced him to death. On appeal to the Tenth Circuit Court of Appeals, McVeigh raised several challenges to his convictions, one of which was that the judge erred in failing to instruct the jury that § 2232a required the government to prove that McVeigh specifically intended to kill his victims.

Rule of Law

Issue

Holding and Reasoning (Ebel, J.)

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