In today’s United States v. Sheehan, the Second Circuit (Winter, Wesley, Lynch) affirmed a conviction for using a “destructive device” during a “crime of violence,” in violation of 18 U.S.C. § 924(c)(1)(B)(ii).
Wearing a wig, an arm sling and makeup, Sheehan planted an almost-complete pipe bomb in a Home Depot on Long Island. He sent a letter to the store, saying there was a bomb and demanding $2 million so he could “go[] to a warm climate with thin brown girls and drink [him]self to death.” He promised to repay the money in the form of a $2 million “life insurance policy naming Home Depot beneficiary.” The almost-complete bomb was recovered and no one was hurt.
Arrested and brought to trial, Sheehan conceded guilt on what was charged as the underlying “crime of violence” — Hobbs Act extortion in violation of 18 U.S.C. § 1951 — but denied …