SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to Osler
United States v. McVeigh
Citation:
153 F. 3d 1166 (10th Cir. 1998)Facts
The Murrah Building was destroyed by a 3,000-6,000 pound bomb comprised of ammonium nitrate-based explosions inside a rented Ryder truck in April of 1995.
Defendant purchased a total of 4,000 pounds of ammonium nitrate from a coop in Kansas in October of 1994. That month he also stole seven cases of explosives an a box of nonelectric blasting caps from a rock quarry in Kansas and purchased three drums of nitromethane at a race track. He had purchased these and other ingredients to build a bomb under the name Daryl Bridges. Defendant and his co-conspirator Terry Lynn Nicholas had several storage lockers in Kansas where they kept the bomb components. They funded this by robbing a gun dealer in Arkansas in November of 1994.
Defendant wrote a letter to Michael and Lori Fortier in September of 1994 that he planned to move to the action part of his plan against the federal government for their siege of the Branch Davidians in Waco Texas in 1993. He said anyone working for the federal government way guilty by association for that siege. He wrote that he wanted to cause an uprising. He also wrote letters to his sister in 1994 explaining the violence he wanted to commit.
In April of 1995, defendant stayed in a motel and bought a yellow Mercury Marquis and also rented 20-foot Ryder truck for a one-way rental to Omaha. The vehicle identification number of the axel found at the bombing site matched that of the truck defendant rented. A key fitting the truck was found in an alley where the yellow Marquis was seen prior to the bombing, behind several buildings therefore bombing the defendant from the blast.
Defendant was actually pulled over of the day of the blast for not having tags, and was arrested for carrying a concealed, loaded gun. When in prison he was charged with federal bombing charges. His clothes tested positive for explosive residue. He was transferred to a federal prison. In an inventory search of the Marquis, an envelope containing documents arguing that the federal government opened warfare on the American people and justified killing of federal employees was found.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
15m 13s