United States Ninth Circuit

Sentence and conviction for attempting to interfere with the safe operation of an aircraft, 18 U.S.C. section 32(a)(5) and (8), and aiming a laser pointer at an aircraft, 18 U.S.C. section 39A, are reversed and remanded for resentencing where: 1) there is insufficient evidence to support a conviction under section 32(a)(5) and (8), which required proof of both a willful attempt to interfere with an aircraft and a reckless disregard for human life; and 2) the district court did not have the benefit of this court's decision in US v. Gardenhire, 784 F.3d 1277 (9th Cir. 2015), and premised the sentence for the section 39A conviction, in part, on the fact that the defendant had also been convicted of violating section 32(a)(5) and (8).

Appellate Information

• Decided 06/24/2015
• Published 06/24/2015

Judges

• Silverman

Court

• United States Ninth Circuit

Counsel