U.S. v. AUKAI

No. 04-10226.

497 F.3d 955 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Kuualoha AUKAI, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2007.


Attorney(s) appearing for the Case

Pamela O'Leary Tower, Esq., Honolulu, HI, for defendant-appellant Daniel Kuualoha Aukai.

Thomas J. Brady, Esq., Assistant United States Attorney, District of Hawaii and John A. Drennan, Esq, United States Department of Justice Criminal Division, Appellate Section, Washington, D.C., for defendant-appellee the United States of America.

Before: MARY M. SCHROEDER, Chief Judge, ALEX KOZINSKI, ANDREW J. KLEINFELD, HAWKINS, BARRY G. SILVERMAN, SUSAN P. GRABER, M. MARGARET McKEOWN, KIM McLANE WARDLAW, W. FLETCHER, RONALD M. GOULD, JOHNNIE B. RAWLINSON, JAY S. BYBEE, CONSUELO M. CALLAHAN, CARLOS T. BEA, and SANDRA S. IKUTA, Circuit Judges.


Opinion by Judge BEA; Concurrence by Judge GRABER.

BEA, Circuit Judge:

More than 700 million passengers board commercial aircraft in the United States each year.1 The Transportation Security Administration ("TSA") is given the task of ensuring their safety, the safety of airline and airport personnel and, as the events of September 11, 2001, demonstrate, the safety of the general public from risks arising from commercial airplane...

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