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U.S. v. GARDENHIRE

No. 13-50125.

784 F.3d 1277 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Adam GARDENHIRE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 30, 2015.

Attorney(s) appearing for the Case

Matthew Brady Larsen (argued), Deputy Federal Public Defender; Sean K. Kennedy, Federal Public Defender, Los Angeles, CA, for Defendant-Appellant.

Kerry C. O'Neill (argued) and Melissa Mills, Assistant United States Attorneys; Robert E. Dugdale, Chief Assistant United States Attorney; André Birotte Jr., United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Before: KIM McLANE WARDLAW and RICHARD A. PAEZ, Circuit Judges and MICHAEL A. PONSOR, Senior District Judge.

OPINION

We must decide whether the district court correctly found that Adam Gardenhire recklessly endangered an aircraft within the meaning of U.S.S.G. § 2A5.2(a)(2)(A) when he pointed a laser beam at a Cessna Citation jet, in violation of 18 U.S.C. § 39A.

I.

On March 29, 2012, Adam Gardenhire...

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