United States v. Virgil Eugene Guess

Virgil Guess (Guess) appeals his conviction for possession of explosives by an ex-felon, in violation of 18 U.S.C. § 842 (i)(l) (1976). We affirm.

I

On February 14, 1979, a homemade pipe bomb, made with black powder, exploded in and damaged an automobile owned by Elliot. Elliot was the father-in-law of Guess’ brother, Stanley Guess (Stanley), and was scheduled to testify against Stanley on the day after the bombing in a legal proceeding for child theft. While during his trial Guess contended that he secured the explosive for sporting purposes, the government produced evidence tending to prove that Guess purchased the black powder for use in the bomb, and helped Stanley construct it.

Guess was charged with violating 18 U.S.C. § 842 (i)(l), which makes it unlawful for any person convicted of a crime punishable by imprisonment for a term exceeding one year to receive an explosive which has been shipped or transported in interstate commerce. As defined elsewhere in the statute, the term “explosives” includes black powder. 18 U.S.C. § 841 (d). Guess stipulated at trial that, on February 1,1978, he purchased two one-pound cans of black powder that had previously been transported in…