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U.S. v. HEIGHTLAND

Nos. 88-5209, 88-5213, 88-5215, 88-5216.

865 F.2d 94 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Arnold Ray HEIGHTLAND (88-5209), Donnie Thornsbury (88-5213), David Thornsbury (88-5215), and James Darryl Smith (88-5216), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 6, 1989.

Rehearing Denied February 28, 1989.

Attorney(s) appearing for the Case

Louis DeFalaise, U.S. Atty., Thomas L. Self, Asst. U.S. Atty., Office of the U.S. Atty., Lexington, Ky., William C. Brown (argued), Dept. of Justice, Criminal Div., Washington, D.C., for U.S.

Edwin J. Walbourn, III (argued), Hermansdorfer & Templeton, Ashland, Ky., for Heightland.

Before ENGEL, Chief Judge; BOGGS, Circuit Judge; and McRAE, Senior District Judge.

Rehearing Denied in Nos. 88-5213 and 88-5215 February 28, 1989.

McRAE, Senior District Judge.

Defendants-appellants were convicted under 18 U.S.C. § 33, of having willfully damaged, with reckless disregard for the safety of human life, a motor vehicle "used, operated, or employed" in interstate commerce. For the reasons stated below, we affirm the convictions.

I.

Prior to 1983, the four appellants were union-member employees of a coal...

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