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U.S. v. DIAZ

No. 16-4226.

865 F.3d 168 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. David Patrick DIAZ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 26, 2017.

Amended: July 31, 2017.

Attorney(s) appearing for the Case

ARGUED: Patrick L. Bryant , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Jon Tyler McGaughey , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: Geremy C. Kamens , Federal Public Defender, Brooke S. Rupert , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. Dana J. Boente , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge Floyd wrote the opinion, in which Judge Harris and Judge Bailey joined.

Appellant David Diaz rushed the cockpit of a flight approximately 45 seconds after takeoff from Washington Dulles International Airport. After pleading guilty in an open plea to violating 49 U.S.C. § 46504, interference with flight crew members and attendants, the district court was tasked with deciding whether to impose...

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