Connors v. NTSB, No. 15-70333 (9th Cir. 2017)Annotate this Case
Petitioner seeks review of the NTSB's decision affirming the FAA's order revoking his aircraft registration certificate. After petitioner admitted to the FAA that he used his aircraft to transport marijuana, the FAA revoked his registration certificate because “the aircraft was used to carry out, or facilitate, an activity that is punishable” as a drug-related felony. 49 U.S.C. 44106(b)(1)(A). Separate, state court criminal proceedings against defendant were dismissed after the trial court suppressed the drug evidence found on his plane. The court concluded that, under the statute’s plain language, the proper inquiry is whether the “activity” is “punishable,” not whether the certificate holder is at risk of being punished. In this case, because the activity—transporting marijuana—was punishable as a felony, the court concluded that defendant's certificate was properly revoked even though he may no longer be subject to punishment under state law. Accordingly, the court denied the petition for review.