United States Ninth Circuit

A sentence for interference with a flight crew member is affirmed over a challenge to a decision to impose a nine-level sentencing enhancement for reckless endangerment of the aircraft under the sentencing guidelines, as the enhancement was applicable because defendant's conduct, which included a threat of a bomb, was a threat not only to crew and passengers, but to the aircraft.

Appellate Information

• Argued 11/16/2006
• Decided 07/03/2007
• Published 07/03/2007

Judges

• McKEOWN, Circuit Judge:, Before:  A. WALLACE TASHIMA and M. MARGARET McKEOWN, Circuit Judges, and DAVID A. EZRA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Daniel G. Bogden, United States Attorney;  Robert L. Ellman, Chief, Appellate Division;  Thomas S. Dougherty, Assistant United States Attorney, Las Vegas, NV, for the defendant-appellant., Franny A. Forsman, Federal Public Defender;  Jason F. Carr, Assistant Federal Public Defender, Las Vegas, NV, for the plaintiff-appellee.