UNITED STATES v. HENDERSON

No. 81-1446.

680 F.2d 659 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Darnell HENDERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1982.

Rehearing Denied October 6, 1982.


Attorney(s) appearing for the Case

William B. Terry, Las Vegas, Nev., for defendant-appellant.

Edward R. J. Kane, Asst. U. S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Before FLETCHER, FERGUSON and REINHARDT, Circuit Judges.


FLETCHER, Circuit Judge:

Henderson appeals from his convictions for interference with a flight crew, a violation of 49 U.S.C. § 1472(j), and assault aboard an aircraft, a violation of 18 U.S.C. § 113. We note jurisdiction under 28 U.S.C. § 1291. Henderson contends that there was insufficient evidence to support the district court's finding that his conduct aboard the airplane was caused by his voluntary consumption of alcohol. We agree, and reverse...

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