United States v. Lockwood, No. 14-1809 (7th Cir. 2015)
Annotate this CaseIn the 1980s, Lockwood was convicted of felonies. After Lockwood his release, he owned an automotive repair business. In 2011, Lockwood’s friend, Curtis, approached him, upset that her brother had accused her of stealing $160,000 from their parents. Curtis thought that she could avoid prosecution if her brother were also in trouble, and asked Lockwood to place a package inside her brother’s truck and call 911 and report that it contained a bomb. Lockwood placed the package in the brother’s mailbox because he did not see the truck, then called 911. Authorities did not find a bomb. The next morning the family found an object, appearing to be a pipe bomb, in their mailbox. Federal agents interviewed Lockwood after examining Curtis’s cell phone records. After an agent played a recording of the call, Lockwood admitted that he made it. Lockwood denied knowing what the package contained. Lockwood said he told the operator what Curtis told him to say. Lockwood was charged under 26 U.S.C. 5861(d), for possessing an unregistered firearm, and 18 U.S.C. 922(g)(1), as a felon in possession. Lockwood stipulated that the object was a destructive device, arguing that he lacked the mens rea to be convicted. Convicted, his sentencing range was 33-41 months on each count. He was sentenced to concurrent terms of 120 months. The Seventh Circuit affirmed the conviction, rejecting claims that that the object was not a “destructive device” because it could not actually explode and that it lacked a sufficient nexus to interstate commerce to supply federal jurisdiction. The court vacated his sentence.
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