UNITED STATES v. SPIRITO

No. 20-4393.

36 F.4th 191 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth R. SPIRITO, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 31, 2022.


Attorney(s) appearing for the Case

ARGUED: Erin Harrigan , GENTRY LOCKE, Richmond, Virginia, for Appellant. Brian James Samuels , OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee. ON BRIEF: Raj Parekh , Acting United States Attorney, Alexandria, Virginia, Lisa R. McKeel , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee.

Reversed and vacated in part, affirmed in part, and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Motz and Judge Thacker joined.


In 2012, Kenneth R. Spirito and members of the Peninsula Airport Commission began searching for an airline carrier that would bring low-cost air service and attendant passenger traffic to Newport News-Williamsburg International Airport. They came upon a start-up airline called People Express; but People Express had trouble...

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