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U.S. v. SMITH

No. 13-2728.

756 F.3d 1070 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Michael A. SMITH, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 27, 2014.

Attorney(s) appearing for the Case

Richard Haile McWilliams , AFPD, argued, Omaha, NE, for Appellant.

Frederick D. Franklin , AUSA, argued, Omaha, NE, for Appellee.

Before RILEY, Chief Judge, BEAM and SHEPHERD, Circuit Judges.

RILEY, Chief Judge.

This case calls upon us to interpret 18 U.S.C. § 39A(a) for the first time. This subsection imposes criminal liability on anyone who "knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft." 18 U.S.C. § 39A(a). A jury convicted Michael A. Smith of violating § 39A(a) after which the district court1 sentenced...

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