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U.S. v. FITZGERALD

No. 17-2285.

906 F.3d 437 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Sean Michael FITZGERALD, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 15, 2018.

Attorney(s) appearing for the Case

ARGUED: Avram D. Frey , GIBBONS P.C., Newark, New Jersey, for Appellant. Justin M. Presant , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee. ON BRIEF: Avram D. Frey , Lawrence S. Lustberg , GIBBONS P.C., Newark, New Jersey, for Appellant. Justin M. Presant , UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.

McKEAGUE, J., delivered the opinion of the court in which BATCHELDER, J., joined. GRIFFIN, J. (pp. 451-57), delivered a separate dissenting opinion.

OPINION

On August 25, 2016, Talon Air pilot Sean Fitzgerald showed up rip-roaring drunk to the Traverse City, Michigan, airport. Fitzgerald was set to fly that morning, so he went about readying a jet for take-off. He conducted a walk-around safety check before entering the cockpit, where he calibrated the altimeter...

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