United States v. McVeigh
United States Court of Appeals for the Tenth Circuit
153 F.3d 1166 (1998)
Timothy McVeigh (defendant) was prosecuted on an 11-count indictment, including using a weapon of mass destruction under 18 U.S.C. Section 2232a, arising from his bombing of the federal building in Oklahoma City, which killed 168 people; the evidence showed McVeigh deliberately set off the bomb in retaliation for the federal siege at Waco. The jury convicted him on all counts and he was sentenced to death. On appeal, McVeigh argued the trial judge erred by not instructing the jury that the statute required proof he specifically intended to kill his victims.
Whether a conviction for using a weapon of mass destruction requires proof that the defendant intended to use such a weapon.